2022-456-Minutes for Meeting November 21,2022 Recorded 12/20/2022BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2022-456
Steve Dennison, County Clerk
Commissioners' Journal 12/20/2022 10:52:07 AM
11111111111111
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
1:00 PM
MONDAY November 21, 2022
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive
Assistant.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Chair Adair reported a comment received via voicemail from Terri Dusek urging the
enforcement of Measure 114, and a comment received via email from Charles Webster
Baer supporting the legalization of psilocybin and asking if psilocybin sales will be allowed
online.
Commissioner Chang congratulated his fellow Commissioners on their recent re -elections
to the Board and hoped to work together to address the many issues facing the
community.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
BOCC MEETING
NOVEMBER 21, 2022 PAGE 1 OF 11
DEBONE: Move Board approval of Consent Agenda
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
1. Consideration of Board Signature of Document No. 2022-450, Purchase
Agreement, and Document No. 2022-451, Permanent Slope Easement, from
Anthony and Jessica Minisce for right-of-way for the Deschutes Market
Road/Hamehook Road Intersection Improvement Project
2. Consideration of Document No. 2022-906, a Deed of Dedication for public right of
way appurtenant to Sunrise Boulevard
3. Consideration of Resolution No. 2022-074 correcting a scrivener's error and
replacing Resolution No. 2022-060
4. Authorize the requisition of computer servers and operating system software
licenses for the Deschutes County Information Technology department using State
of Oregon pricing agreement membership
5. Consideration of Resolution No. 2022-068, Initiating Vacation Proceedings for a
Public Right of Way in Section 19 of Township 18S, Range 12E, W.M.
6. Consideration of Board Signature on letter reappointing Richard Ambrose for
service on the Deschutes County Investment Advisory Committee
7. Consideration of Board Signature on Letters of Thanks to Michelle Cermak and
Dave Edwards for service on the Deschutes County Investment Advisory
Committee
8. Approval of the minutes of the November 7, 2022 BOCC Meeting
ACTION ITEMS:
9. Presentation by the Board of a plaque to Charla DeHate, recognizing her
for ten years of service on the Public Health Advisory Board
Commissioner Adair announced the presentation of a plaque to Charla DeHate
expressing the Board's deep appreciation for her invaluable contributions and
dedication while serving on the Deschutes County Public Health Advisory Board. The
BOCC MEETING
NOVEMBER 21, 2022 PAGE 2 OF 11
Commissioners spoke to particular accomplishments and stated their gratitude for
DeHate's many years of exemplary service in the area of community health care.
10. Request for authorization to add 1.0 FTE within Health Services
Jessica Jacks, Prevention and Health Promotion Manager, explained the proposal to
utilize new resources from Oregon Health Authority (OHA) to add a position to address
problem gambling in the community. The positon will provide prevention services as
well as outreach and referrals, and integrate into suicide prevention programming for
veterans and older adults.
Commissioner Adair asked if these services include assistance for persons who are
addicted to playing video games, which Jacks confirmed.
Commissioner DeBone asked if screen gaming involves gambling. Jacks said it does not
involve gambling as normally construed, but some video games offer play components
that increase costs beyond the initial expense of the game. This type of activity can
prime adolescent brains for addictive behavior.
Commissioner DeBone expressed concern regarding the State's willingness to bond
against future lottery dollars.
CHANG: Move approval of Chair Signature of Document No. 2022-847,
amending a grant agreement with OHA
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
Commissioner Debone commented on positions being added outside of the normal
budget process and asked County Administrator Nick Lelack to assess the ongoing
stability of this practice.
11. Application for a COHC grant to purchase a mobile outreach van
Anne Kilty, Clinical Services Manager, explained the request to apply for a grant from
COHC to purchase and retrofit a mobile outreach van which would be used to reach
residents outside of the Bend and Redmond areas. Health Services would use the
vehicle to implement a mobile clinic service ("PH on the MOVe") to support vulnerable
populations in remote settings. This would enable the department to offer many clinical
services at partner sites to improve health outcomes for many individuals.
Responding to Commissioner questions, Kilty said the department has estimated the
cost of a used Sprinter van to be in the range of $70,000 to $75,000. Although the van
BOCC MEETING
NOVEMBER 21, 2022 PAGE 3 OF 11
would be based in Bend or Redmond, the department will publicize a calendar of service
dates and locations to enable those seeking care to coordinate their schedules. Kilty
concluded that HS is not seeking additional staff for this program.
DEBONE: Move approval of the request to authorize staff to apply for a COHC grant
in the amount of $80,000 to purchase and retrofit a mobile outreach van
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
12. Consideration of Chair Signature of Document No. 2022-830, a Notice of
Intent to Award a contract for the Deschutes Market Rd/Hamehook Rd Canal
Crossing Project
Cody Smith, County Engineer, said this project will install an irrigation canal crossing
structure as the first phase of improvements at the Deschutes Market Rd/Hamehook Rd
intersection. Four bids were received, with the apparent low bidder determined to be
Knife River Corporation - Northwest. Staff requests authorization to issue a Notice of
Intent to Award the contract to the apparent low bidder.
DEBONE: Move approval of Board Chair signature of Document No. 2022-830, a
Notice of Intent to Award a contract for the Deschutes Market Road/
Hamehook Rd Canal Crossing Project
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
13. Legislative Update
Doug Riggs from Northwest Policy Advocates provided an overview of the upcoming
2023 legislative session and sought input from the Board as to items the County wishes
to advocate for or against. Riggs noted factors for the legislative session include a newly -
elected governor and the elimination of supermajorities in the Senate and the House.
He identified key issues as housing/homelessness, workforce (including behavioral
health and childcare), Measure 110, public safety and semiconductors.
Riggs shared the latest revenue forecast which anticipates that more general fund
revenues will be available for distribution. He concluded that the session will begin on
January 17tn
BOCC MEETING
NOVEMBER 21, 2022 PAGE 4 OF 11
Discussion ensued regarding inviting Governor -elect Kotek to attend the Central Oregon
legislative meeting on December 16tn
Commissioner Adair asked what the County can do to address negative impacts of
Measure 110. Riggs advised focusing on efforts to incentivize people to seek treatment
and holding them accountable if they do not. He noted the importance of getting
funding out to treatment programs much more quickly than has happened.
Commissioner Chang favored taking a non -punitive approach to addicted persons who
need treatment. He said substance abuse happens in jail, but jail does not offer
opportunities for intervention or connection to services such as residential treatment
facilities.
Commissioner DeBone said it is more likely for substance abuse to happen outside of
jail, which is a highly controlled environment. He agreed that incarceration may not be
the most stable situation available and said judges must be given the necessary tools to
appropriately respond to addicted persons.
Commissioner Adair said some people end up sending their loved ones out of state for
treatment, and that these attempts are not always successful. She noted the high rate of
drug use and the number of fatal overdoses.
14. Healthy Schools 2021-2022 Annual Report
Jessica Jacks, Prevention & Health Promotion Manager, introduced Aimee Snyder,
Healthy Schools Supervisor, who described the Healthy Schools program as a cost -
sharing partnership between the County and Bend -La Pine schools. The 2021-22 school
year was the first for the program, which places public health specialists in schools to
help students with problems such as suicidal ideation, vaping, bullying, tobacco and
alcohol use, pregnancy, and sexually transmitted infections. The goal is to help students
with situations or concerns that keep them from attending or being engaged in school.
Public Health Specialist Lindsey Seibel reported on a typical workday for her and
summarized successes achieved in the program's first year.
Sean Reinhart, executive director of student services at Bend -La Pine schools, said the
program has had a tremendous amount of impact in a short amount of time. He
applauded the program for supporting students to realize better overall wellness, and
characterized the public health specialists as essential to the Bend and La Pine high
schools.
Commissioner Chang asked how parents are being made aware of this program and
what it is doing for students. Snyder said no direct outreach to parents has occurred
because the goal is to integrate the public health specialists into the schools as much as
possible and not have their services be viewed as a separate program.
BOCC MEETING
NOVEMBER 21, 2022 PAGE 5 OF 11
Commissioner Adair requested an update in four months, before the next budget
presentations.
15. Discussion and consideration of a letter to Oregon's Congressional Delegation
requesting assistance in asking FEMA to delay implementation of the Oregon
NFIP BiOp
Commissioner Adair said Tillamook County has asked that Deschutes County support it
in its request that FEMA delay implementing the National Marine Fisheries Service
Biological Opinion (BiOp) which is tied to the Endangered Species Act and the National
Flood Insurance Program. Staff drafted a letter to Oregon's Congressional delegation for
the Board's consideration and discussion.
Commissioner DeBone explained the potential loss of flood insurance at stake for those
affected.
Commissioner Chang advised it would be more productive for Tillamook to work with
FEMA and the NFIP to address severe flooding events on a more frequent basis while
seeking greater land use flexibility and funding support from the state. He did not
consider this matter to be relevant to Deschutes County and said at best, Deschutes
County should remain neutral.
Commissioner Adair cited concerns for farmers and her support for assisting Tillamook
County.
Peter Gutowsky, Director of Community Development, said this matter is a significant
issue for Oregon's coastal and valley communities.
Commissioner Chang said ignoring the reality that flooding events will become more
severe will not help property owners avoid catastrophic losses. He said what people
need is financial support to move out of the path of danger.
Commissioner DeBone supported issuing a shortened letter to express support for
delaying implementation in favor of continued talks on this subject.
DEBONE: Move approval of Board Chair signature of a letter to Oregon's
Congressional Delegation urging a pause in the implementation of the
National Marine Fisheries Service Biological Opinion which would require
FEMA to ensure that communities which participate in the National
Flood Insurance Program and have salmonids listed on the Endangered
Species Act increase their habitat protections.
ADAIR: Second
VOTE: CHANG: No
BOCC MEETING
NOVEMBER 21, 2022 PAGE 6 OF 11
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
16. Memorandum of Understanding establishing Deschutes County as a
cooperating agency with the Bureau of Land Management with respect to land
use plans involving the management of Greater Sage -Grouse
Tarik Rawlings, Associate Planner, explained the proposal to continue coordinating
with the Bureau of Land Management on habitat and conservation efforts to protect
the Greater Sage -Grouse.
Commissioner Chang spoke to staffing constraints which delay work on other
important projects and said the amount of land involved in this effort is an
insignificant number of federally -owned acres.
DEBONE: Move approval of Chair Signature of a Memorandum of
Understanding establishing Deschutes County as a cooperating
agency with the Bureau of Land Management with respect to land
use plans involving the management of Greater Sage -Grouse
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
17. First reading of Ordinance No. 2022-011, amending the Comprehensive Plan
and approving a Zone change for property totaling approximately 19.12 acres
along Highway 97
Associate Planner Tarik Rawlings summarized the proposed comprehensive plan
and zoning changes.
Commissioner DeBone supported respecting efforts to preserve dark skies.
Commissioner Chang recalled his earlier vote against this rezone and said he did
not believe these properties to be unsuitable for agriculture. He expressed concern
with how high land costs pose a hardship for those trying to get started in farming.
DEBONE: Move approval of first reading by title only of Ordinance No. 2022-
011, amending the Comprehensive Plan and approving a Zone change
for property totaling approximately 19.12 acres along Highway 97
ADAIR: Second
BOCC MEETING NOVEMBER 21, 2022 PAGE 7 OF 11
VOTE: CHANG: No
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
Chair Adair read the Ordinance by title only.
18. First reading of Ordinance No. 2022-013 amending the Comprehensive Plan
and approving a zone change for property totaling approximately 710 acres to
the west of Terrebonne and north of Highway 126
Haleigh King, Associate Planner, summarized the proposed comprehensive plan and
zoning changes.
Commissioner Chang said he was not persuaded this land is unsuitable for
agricultural use, and for dry range grazing in particular. He said this type of
speculative rezone drives up land prices and makes it harder for ranchers.
Commissioner DeBone referenced the Hearings Officer's decision is consistent with
prior decisions regarding the State's land use system.
Commissioner Chang stated his disagreement with the interpretation and decision
of the Hearings Officer and anticipated that this matter will go before the land use
board of appeals.
DEBONE: Move approval of first reading by title only of Ordinance No. 2022-013
amending the Comprehensive Plan and approving a zone change for
property totaling approximately 710 acres to the west of Terrebonne
and north of Highway 126
ADAIR: Second
VOTE: CHANG: No
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
Chair Adair read the Ordinance by title only.
At 3:32, Chair Adair announced a short break.
At 3:38, the meeting resumed.
BOCC MEETING
NOVEMBER 21, 2022 PAGE 8 OF 11
19. Public Hearing - Psilocybin TPM Amendments
Tanya Saltzman, Senior Planner, said the purpose of tonight's public hearing is to take
comments on proposed land use regulations concerning psilocybin manufacturing,
processing, testing and distribution. The hearing was originally planned to continue at
6:00 p.m. tonight, but that portion will be rescheduled.
Each of the Commissioners stated they had nothing to disclose with respect to any
conflict of interest in this matter.
Saltzman presented a PowerPoint on proposed land use regulations concerning
psilocybin manufacturing (cultivation and processing), service centers, and testing
laboratories. The proposed amendments to County Code would:
• Add new definitions for terms relating to psilocybin;
• Allow psilocybin service centers as a conditional use with site plan review in
certain areas;
• Add psilocybin service centers to uses allowed in destination resorts;
• Allow psilocybin testing laboratories as a conditional use with site plan review in
the Tumalo Rural Community and Rural Industrial zones; and
• Add a new chapter creating time, place, and manner criteria for psilocybin
manufacture as a farm use, psilocybin manufacture as a processing use, and
psilocybin service centers.
The public hearing was opened at 4:05 p.m.
• Corinne Celko of Emerge Law Group in Portland, representing Juniper Preserve,
encouraged the Board to accept the recommendation of the Planning
Commission to allow service centers in destination resorts.
• Charles Baer, Redmond, supported the legalization of psilocybin and hoped to
see its availability fast -tracked. Baer also advocated for the legalization of peyote.
• Jeannie Frahley spoke regarding gambling and gaming addictions and said more
mental health facilities are needed. She said residents of Tumalo do not want a
service center or a dispensary in their area and believed that all dispensation
should be monitored by a licensed medical doctor.
• Piper Lucas agreed that destination resorts are appropriate for service centers,
although these may be too expensive for those who live here. She estimated the
cost inherent in operating a service center or manufacturing facility and said
nature -based experiences have higher efficacy. She supported allowing service
centers as a forest use.
• Mike Hayes said psilocybin therapy can have a lasting, beneficial effect on many
who have experienced trauma, including veterans.
• Alex dos Santos said if service centers are allowed in destination resorts, these
should be restricted to a small indoor facility separate from other guests who are
not partaking.
BOCC MEETING
NOVEMBER 21, 2022 PAGE 9 OF 11
• Jessica Carol described psilocybin's therapeutic benefits for those struggling with
depression, anxiety and trauma. She supported minimizing roadblocks for those
who are interested in entering the psilocybin industry.
• Melissa Sanchez supported allowing as many service centers as the county
population will support, including in destination resorts. She concurred that
psilocybin treatment can benefit mental health and in fact save lives.
Commissioner DeBone noted that the Commissioners are free to communicate with the
public on this subject outside of a meeting.
Stephanie Marshall, Assistant Legal Counsel, noted the consensus of the Board to
continue the public hearing to 6 pm on Wednesday, November 30tn
Ms. Saltzman noted that the written record would remain open until December 2nd
OTHER ITEMS:
• Commissioner DeBone announced his plans to travel to Washington state to
tour a renewable gas facility.
At 4:49, Chair Adair announced a short break.
At 4:51, the meeting resumed.
EXECUTIVE SESSIONS:
At 4:51 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property
Negotiations.
The Board moved out of executive session at 5:21 p.m. to direct staff to proceed as
discussed.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 5:21 p.m.
DATED this �1 day of iV
Commissioners.
BOCC MEETING
2022 for the Deschutes County Board of
NOVEMBER 21, 2022 PAGE 10 OF 11
ATTEST:
RECORDING SECRETARY
BOCC MEETING
PATTI`ADAIR, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, COMMISSIONER
NOVEMBER 21, 2022 PAGE 11 OF 11
ES
0 ..?< BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, NOVEMBER 21, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 I www.deschutes.org
AGENDA
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that public
meetings be accessible remotely, effective on January 1, 2022, with the exception of executive
sessions. Public bodies must provide the public an opportunity to access and attend public
meetings by phone, video, or other virtual means. Additionally, when in -person testimony, either
oral or written is allowed at the meeting, then testimony must also be allowed electronically via,
phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. Members of the public may still view the
BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment
on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an
email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input
received by noon on Tuesday will be included in the Citizen Input meeting record for topics that are
not included on the Wednesday agenda.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials
or through a meeting invite once your agenda item has been included on the agenda. Upon
entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once
you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your
presentation. If you are providing testimony during a hearing, you will be placed in the waiting room
until the time of testimony, staff will announce your name and unmute your connection to be invited
for testimony. Detailed instructions will be included in the public hearing materials and will be
announced at the outset of the public hearing.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as
well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-
hearing-notices.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Board Signature of Document No. 2022-450, Purchase Agreement,
and Document No. 2022-451, Permanent Slope Easement, from Anthony and Jessica
Minisce for right-of-way for the Deschutes Market Road/Hamehook Road Intersection
Improvement Project
2. Consideration of Document No. 2022-906, a Deed of Dedication for public right of way
appurtenant to Sunrise Boulevard
3. Consideration of Resolution No. 2022-074 correcting a scrivener's error and replacing
Resolution No. 2022-060
4. Authorize the requisition of computer servers and operating system software licenses
for the Deschutes County Information Technology department using State of Oregon
pricing agreement membership
5. Consideration of Resolution No. 2022-068, Initiating Vacation Proceedings for a Public
Right of Way in Section 19 of Township 18S, Range 12E, W.M.
6. Consideration of Board Signature on letter reappointing Richard Ambrose for service on
the Deschutes County Investment Advisory Committee
7. Consideration of Board Signature on Letters of Thanks to Michelle Cermak and Dave
Edwards for service on the Deschutes County Investment Advisory Committee
8. Draft minutes of BOCC meeting November 7, 2022
ACTION ITEMS
9. 1:05 PM Board Plaque Presentation to Charla DeHate, recognizing her for ten years of
service on the Public Health Advisory Board
10. 1:10 PM Request for authorization to add 1.0 FTE within Health Services
11. 1:15 PM Application for a COHC grant to purchase a mobile outreach van
November 21, 2022
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 4
12. 1:20 PM Consideration of Chair Signature of Document No. 2022-830, a Notice of
Intent to award a contract for the Deschutes Market Rd/Hamehook Rd Canal
Crossing Project
13. 1:30 PM Legislative Update
14. 2:10 PM Healthy Schools 2021-2022 Annual Report
15. 2:40 PM Discussion and consideration of letter to Oregon's Congressional Delegation
requesting assistance in asking FEMA to delay implementation of the Oregon
NFIP BiOp
16. 2:45 PM Memorandum of Understanding establishing Deschutes County as a
cooperating agency with the Bureau of Land Management with respect to
land use plans involving the management of Greater Sage -Grouse
17. 2:55 PM First reading of Ordinance No. 2022-011, amending the Comprehensive Plan
and approving a Zone change for property totaling approximately 19.12
acres along Highway 97
18. 3:05 PM First reading of Ordinance No. 2022-013 amending the Comprehensive Plan
and approving a zone change for property totaling approximately 710 acres
to the west of Terrebonne and north of Highway 126
19. 3:15 PM Public Hearing - Psilocybin TPM Amendments
DINNER RECESS
19. 6:00 PM Public Hearing - Psilocybin TPM Amendments (continued if needed)
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
November 21, 2022
BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 4
20. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
November 21, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 4 of 4
Angie Powers
To:
Subject:
Do. Not Reply; citizeninput
RE: Mitel voice message from BAER CHARLES, +15416999868 for mailbox 1734
Citizen Input received on 11/21/2022:
"Hello, my names is Charles Webster Baer and I live in Redmond, Oregon and my address is 2784 NE 6th Drive, 97756
and I want to talk about magic mushrooms, Psilocybin mushrooms. I am FOR Psilocybin mushrooms, I am FOR the
Iegalizationof Psilocybin mushrooms. And, um, my question is, uh, when and where can people in Deschutes County.
grow magic mushroms and eat mushrooms and buy magic mushrooms and sell magic mushrooms and what about.
peyote? And when can we start selling magic mushrooms online? And, um, so those are my questions, and, uh, thank
you very much and, uh, have a great day!
*Mr. Baer also send a Citizen Input email, to which`I replied letting him know that this item is on the agenda for today,
Monday, November 21, 2022.*
Original Message
From: Do Not Reply <DoNotReply@deschutes.org>
Sent: Saturday, November 19, 2022 8:01 PM
To: citizeninput <citizeninput@deschutes.org>
Subject: Mitel voice message from BAER CHARLES, +15416999868 for mailbox 1734
You have received a voice mail message from BAER CHARLES, +15416999868 for mailbox 1734.
Message length is 00:01:18. Message size is 611 KB.
Angie Powers
To:
Subject:
Do Not Reply; citizeninput
RE: Mitel voice message from TERRI DUSEK, +15419367035 for mailbox 1734
Citizen Input voicemail received on 11/15/2022:
"Hi there, I just wanna go ahead and respond to the reluctance that we're seeing in our police force who enforce 114.
You know, that is so simple: Go ahead and let them know that if they are unable to enforce the law, that there are
numerous businesses here in Central Oregon who are hiring - Starbucks, Market of Choice, McDonald's -there are so
many opportunities available to them. And these are great jobs, starting at $17 per hour and they would be delighted to
have more workers during this labor shortage. So please, please, refer them to the HR departments, and you can look on
Craigslist and see that there are numerous places hiring that we would all be happy to, uh - Subway is hiring. Uh,
anyhow. That's a great idea. Please, please let them know that there are numerous opportunities here in Central Oregon
outside of the police force. Good-bye now."
Original Message
From: Do Not Reply <DoNotReply@deschutes.org>
Sent: Tuesday, November 15, 2022 9:06 AM
To: citizeninput <citizeninput@deschutes:org>
Subject: Mitel voice message from TERRI DUSEK, +15419367035 for mailbox 1734
You have received a voice mail message from TERRI DUSEK, +15419367035 for mailbox 1734.
Message length is 00:01:22. Message size is 645 KB.
1
Angie Powers
From:
Sent:.
To:
Subject:
charles baer <jowzzalajo@gmail.com>
Saturday, November 19, 2022 7:52 PM
citizeninput
questions about magic mushrooms
Some people who received this message don't often get email from jowzzalajo@gmail.com. Learn why this is important
[EXTERNAL EMAIL]
I have questions about magic mushrooms
when and where can I buy , sell , grow and eat magic mushrooms ?
what about peyote ?
what about selling online ?.
how much can I grow ?
thank you very much
charles webster baer
redmond oregon usa
541 669 9868
november 19 2022
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Authorize the requisition of computer servers and operating system software
licenses for the Deschutes County Information Technology department using
State of Oregon pricing agreement membership
RECOMMENDED MOTION:
Move to authorize the requisition of computers servers and software licenses for the
Deschutes County Information Technology Department.
BACKGROUND AND POLICY IMPLICATIONS:
Computer servers are used for central processing and storage of electronic data produced
and maintained by County employees. The operational life of these computers is five years,
and replacement computer servers are needed for computers that have reached the end
of their operational life cycle. The purchase will be made using the State of Oregon's
affiliate membership with the Dell Computer MEHC-04152022 Master Agreement.
BUDGET IMPACTS:
The Information Technology Department budgets for the maintenance and life cycle
hardware replacements in the IT Reserve, Fund 661. Funds for this purchase were
appropriated in Fund 661 for Fiscal Year 2023.
ATTENDANCE:
Kevin Furlong, Technology Manager
csit
Agility Up. DevOps Down.
Dell MHEC Quotation DLLEMC
MHEC PARTNER
Dell Named Strategic Partner PLATINUM
Serving Your Information Technology Needs Since 1989
MHEC Contract #: MHEC-04152022 GCSIT Vendor ID: C000000983001
Presented To: Kevin Furlong Date: October 24, 2022
Deschutes County Quote #: 220375831-40
kevin.furlong@deschutes.org
RE: Deschutes County - 6 x Dell PowerEdge R750 Server 5YR PS NBD MHEC - 220375831
Kevin:
We are proud to assist you with the purchase of Dell solutions via the MHEC Contract. Please take a moment
to review the following quote(s) carefully. Below I have detailed the information required to process your
order. Please keep in mind that your purchase will be made with GCSIT Solutions, in accordance with the
terms and conditions of MHEC contract MHEC-04152022.
Purchase Order: To ensure that your order gets processed accurately and timely please include the following
information with your Purchase Order:
GCSIT Solutions Quote # Payment Terms (Net 30, Lease)
Ship Method and Pricing "Ship -to" address, contact name and phone
number
Purchase Order Number "Bill -to" address and contact name
Purchasing Department contact name and phone number Tax status (taxable or non-taxable)
Signature of Authorized Company representative
Vendor To: GCSIT Solutions
1654 20th Ave
Seattle, WA 98122
Contract: MHEC-04152022
GCSIT Vendor ID: 0000000983001
In order for GCSIT Solutions to assist you with order accuracy, shipment tracking, and delivery mitigation,
please send your PO to GCSIT via email to sales@gcsit.com or via fax to (888) 349-2801.
Please let me know if you have any questions or require any revisions. I am ready to assist,
Randy Inglis
Inside Sales Representative
ringlis@gcsit.com
(866) 424-2766 x2275
GCS IT 1 Toll Free: (866) 424-2766 x2275 1 Fax: (888) 349-28011 www.gcsit.com ( sales@gcsit.com Page 1 of 3
CSIt
g'A9ilI,YUP. DevOps Down.
Dell MHEC Quotation C
Dell Named Strategic Partner
..�,�,,, LJ LL EM
MHEC� PARTNER
PLATINUM
Serving Your Information Technology Needs Since 1989
MHEC Contract #: MHEC-04152022 GCSIT Vendor ID: C000000983001
Unless otherwise noted quoted prices include shipping. Quote is valid for 20 days.
GROUP 1 UNIT PRICE: $35,060.00
QUANTITY: 6
GROUP TOTAL: $2.10,360.00
PowerEdge R750 Server
210-AYCG
2.5 Chassis
379-BDTF
SAS/SATA/NVMe Capable Backplane
379-BDSW
No Rear Storage
379-BDTE
No GPU Enablement
379-BDSR
Trusted Platform Module 2.0 V3
461-AAIG
2.5" Chassis with up to 24 HDDS (SAS/SATA) including 4 Universal Slots for 1CPU Configuration
321-BGLQ
338-BZXK
Intel Xeon Gold 6330 2G, 28C/56T, 11.2GT/s, 42M Cache, Turbo, HT (205W) DDR4-2933
No Additional Processor
374-BBBX
Heatsink for 1 CPU configuration (CPU greater than or equal to 165W)
412-AAWF
Performance Optimized
370-AAIP
3200MT/s RDIMMs
370-AEVR
RAID 1
780-BCDN
PERC H755 SAS Front
405-AAZB
Front PERC Mechanical Parts, for 2.5" x24 SAS/SATA Chassis
750-ADED
Performance BIOS Settings
384-BBBL
UEFI BIOS Boot Mode with GPT Partition
800-BBDM
Very High Performance Fan x6
750-ADG)
Dual, Hot-Plug,Power Supply Redundant (1+1), 1400W, Mixed Mode
450-AJHG
Riser Config 8, 2x8 FH, 1x16 LP slots
330-BBUY
R750 Motherboard with Broadcom 5720 Dual Port 1Gb On -Board LOM
329-BFGT
iDRAC9, Enterprise 15G
385-BBQV
540-BCOD
Broadcom 57416 Dual Port 10GbE BASE-T Adapter, OCP NIC 3.0
PowerEdge 2U Standard Bezel
325-BCHU
Dell EMC Luggage Tag
350-BCED
Assembly BOSS Blank
329-BERC
No Quick Sync
350-BBYX
iDRAC,Factory Generated Password
379-BCSF
iDRAC Group Manager, Disabled
379-BCQY
VMware ESXi 7.0 U3 Embedded Image (License Not Included)
634-BWZG
Windows Server 2022 Datacenter,16CORE,DF Recovery Image, Multi Lang, (Downgrade not included)
528-CSCT
Windows Server 2022 Datacenter,16CORE,Secondary OS,Media Kit, Multi Lang, (Downgrade not included)
634-BYLT
Windows Server 2022 Datacenter,16CORE,Secondary OS,No MEDIA,Unlimited VMs
634-BYKB
GCS IT I Toll Free: (866) 424-2766 x2275 I Fax: (888) 349-28011 www.gcsit.com I sales@gcsit.com
Page 2 of 3
csit
Agility Up. D.vOp, Down.
Dell MHEC Quotation C�GI'LEMC
Dell Named Strategic Partner
Mi--"Illartrr PARTNER
PLATINUM
Serving Your Information Technology Needs Since 1989
MHEC Contract #: MHEC-04152022 GCSIT Vendor ID: C000000983001
OpenManage Integration for VMware vCenter - 1 host increment, 5 year license - Digitally Fulfilled
634-BJBC
ReadyRails Sliding Rails
770-BBBQ
Fan Foam, HDD 2U
750-ACOM
No Systems Documentation, No OpenManage DVD Kit
631-AACK
PowerEdge R750 Shipping
340-CULS
PowerEdge R750 Shipping Material
481-BBFG
PE R750 No CCC or CE Marking
389-DYHD
Dell/EMC label (BIS) for 2.5" Chassis
389-DYHF
Custom Configuration
817-BBBB
Dell Hardware Limited Warranty Plus Onsite Service
852-7274
ProSupport Next Business Day Onsite Service After Problem Diagnosis 5 Years
852-7288
ProSupport 7x24 Technical Support and Assistance 5 Years
852-7308
Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
989-3439
On -Site Installation Declined
900-9997
64GB RDIMM, 3200MT/s, Dual Rank, 16Gb x12
370-AEVP
480GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot -plug AG Drive, 1 DWPD x2
400-AXTV
Power Cord - C13, 3M, 125V, 15A (North America, Guam, North Marianas, Philippines, Samoa, Vietnam) x2
450-AALV
Broadcom 57416 Dual Port 10GbE BASE-T Adapter, PCIe Low Profile
540-BBVJ
Broadcom 57416 Dual Port 10GbE BASE-T Adapter, PCIe Full Height
540-BBUI
Windows Server 2022/2019 Datacenter Edition,Add License,16CORE,NO MEDIA/KEY
634-BYJQ
Windows Server 2022/2019 Datacenter Edition,Add License,2CORE,NO MEDIA/KEY x6
634-BYJR
50-pack of Windows Server 2022/2019 User CALs (Standard or Datacenter) x4
634-BYKK
QUOTE TOTAL: $210,360.00
All product and pricing information is based on latest information available. Subject to change without notice or obligation. Local sales taxes, when
applicable, will appear on your final invoice.
GCS IT I Toll Free: (866) 424-2766 x2275 1 Fax: (888) 349-28011 www.gcsit.com I sales@gcsit.com Page 3 of 3
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Board Plaque Presentation to Charla DeHate, recognizing her for ten years of
service on the Public Health Advisory Board
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
Charla DeHate served for nearly ten years on the Public Health Advisory Board (PHAB).
BUDGET IMPACTS:
None
ATTENDANCE:
Thomas Kuhn, Public Health Program Manager
Charla DeHate, Former PHAB Committee member
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Application for a COHC grant to purchase a mobile outreach van
RECOMMENDED MOTION:
Move approval of staff's request to apply for a COHC grant in the amount of $80,000 to
purchase and retrofit a mobile outreach van.
BACKGROUND AND POLICY IMPLICATIONS:
Central Oregon Health Council's (COHC) Community Advisory Council (CAC) is accepting
applications for grants to improve community health and wellbeing and reduce health
disparities. These Community Health Project grants will range from $5,000 to $80,000.
Deschutes County Health Services (DCHS) is requesting approval to apply for $80,000 to
purchase a mobile outreach van.
The population of Deschutes County has grown significantly over the past ten years. With
that growth and the accompanying rise in the cost of living, more people live outside of the
Bend and Redmond areas. Additionally, DCHS's services are often out of reach for rural
populations, non-English speaking populations, individuals with a variety of immigration
statuses and individuals who have barriers to seeking care (such as finances,
transportation, childcare difficulties, concerns around BMI, substance abuse disorders, fear
of clinics, etc). Additionally, the ability to offer services in remote setting has been
constrained by the lack of safe, confidential spaces to meet with clientele.
Deschutes County Health Services's WIC (Women, Infant, Children) Program long ago
identified outreach clinics as a necessity to reach the WIC eligible target population. DCHS
WIC has partnered with Grandma's House of Central Oregon shelter, Mountain Star Relief
Nursery, and low income apartment complexes in our service area to provide WIC services
outside of our three brick and mortar locations. Through partnership with these agencies,
we have learned the value improved access has had for WIC participants.
DCHS proposes implementing a new public health mobile clinic service ("PH on the MOVe")
to support our vulnerable populations. Obtaining a mobile outreach van will enable the
DCHS to provide many public health programs at partner sites that do not have adequate
or appropriate space to host. We will be able to reach people where they are, increasing
uptake of services, improving health outcomes and quality of life. Some of the services we
anticipate providing include:
• Clinical services including most contraceptives, STI screenings & treatments, some
well visits and basic health screenings such as blood pressure, blood sugar and
limited immunizations.
• PCC (Perinatal Care Coordinators) could conduct full appointments with pregnant
individuals. The PCC team will enroll clients in OHP, make OB appointments, set up
rides to appointments, and make referrals to dental and other services such as
maternal mental health.
• WIC could conduct appointments including weights, heights, and hemoglobin checks
on adults, children, and infants. WIC could also provide nutrition assessments and
education, breastfeeding education and support, and administrative support.
• Vaccines. We will focus on the HPV vaccine for cancer prevention, Tdap especially
for those seeking pregnancy or with new babies, and Hepatitis A/B vaccines for high -
risk individuals.
BUDGET IMPACTS: $80,000 revenue if awarded.
ATTENDANCE:
Anne Kilty, Manager Clinical Services
Christine Pagano, HS Supervisor
Cheryl Smallman, HS Business Officer
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Legislative Update
BACKGROUND AND POLICY IMPLICATIONS:
The County's lobbyist, Northwest Policy Advocates, will attend and present a legislative update.
BUDGET IMPACTS:
None
ATTENDANCE:
Doug Riggs, Northwest Policy Advocates
Whitney Hale, Deputy County Administrator
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Healthy Schools 2021-2022 Annual Report
RECOMMENDED MOTION:
Not applicable. Program Update Only.
BACKGROUND AND POLICY IMPLICATIONS:
Healthy Schools is a cost -sharing partnership between Deschutes County and Bend -La
Pine Schools. The collaboration places Public Health Specialists in schools as part of
school staff. Public Health Specialist serve as school health coordinators for their high
school and the middle school/s that feed into their high school. By the school year
2023-24, each high school will host a Public Health Specialist on their campus.
Public Health Specialists focus on topics such as adolescent suicide ideation, vaping,
bullying, social media risks, tobacco and alcohol use, pregnancy, sexually transmitted
infections and immunizations as well as other emerging risks and infectious diseases
that may keep students from attending school or being engaged. Student participation
and involvement can decrease the likelihood of negative consequences in adulthood.
Staff will provide an update on the program's first year of implementation which was
the 2021-22 school year.
BUDGET IMPACTS:
n/a
ATTENDANCE:
Jessica Jacks, Deschutes County Health Services, Prevention and Health Promotion Program
Manager
Aimee Snyder, Deschutes County Health Services, Healthy Schools Supervisor
Sean Reinhart, Bend -La Pine Schools, Executive Director Student Services
11/18/2022
B END A ,ApiNE
Schools
EDUCATIN. "uorNrs
Connecting education, health, & community
Board of County Commissioners I November 2022
If
Healthy
schools
Connecting education, health, & community
th, n
SHIP: School Health Improvement Process
EBPs: Evidence -based Practices
PYD: Positive Youth Development
antatatangaitanWagralgagataattalangatitigatitgEgtraghaw5Stant
Mid-term (2-3 yrs)
ICollaboration and
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Links to care
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v needs
PYD
Long-term (3+ yrs)
a School Climate
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Student Health
I Outcomes
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11/18/2022
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Connecting education, health, & community
SHIP: School Health Improvement
EBPs: Evidence -based Practices
PYD: Positive Youth Development
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2
11/18/2022
2
2
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la Complete • Partially Complete Incomplete
1. School Health Coordinator
2. Evidence -based Assessment
3. School Health Team
4. Health Goal in Improvement
Plan
Oregon schools with "Core Capacity":
• More evidence -based practices
• More Positive Youth Development*
• More healthy student behaviors*
• Higher grades*
• Fewer attendance violations
• Fewer disciplinary actions
• Higher 4-year graduation rates*
*statistically significant
3
11/18/2022
A Day in the Life Of a Healthy
Schools public Health Specialist
Meet Lindsay Seibel
A
11/18/2022
First Year u ccesses
Achieved OR "Core
Capacity" at High
Schools
Established Health
Educator Network
Systemic Health Ed
Improvements
Multi -tiered system
of support for youth
substance use
}1s
Bend Senior High
SHIP plan: Engaged
25 staff, 65 students,
3 families, and 4
community partners
Co -taught suicide
prevention to all
Health classes
Orient and link to
Health resources
Co -organized "Post -
Pandemic Parenting"
with 4 partners
SHIP plan: Engaged
14 staff, 5 students, 3
families, and 2
community partners
In -class support for
suicide prevention
education
Orient and link to
Health resources
Expanded
UpShift and
closed Baps
Suicide prevention education
Required by district protocol under
Oregon's Adi's Act
43+ hours of instructional time relief
462+ 9th and 10th grade students
Assured quality and fidelity
5
11/18/2022
Family Engagement and Orientation
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Pine's UpShift Expansion
"My contacts generally end in a warning or
citation. There wasn't any real tool for follow-
through here and it left the responsibility for
additional action either in the hands of the family or
the court with a large gop between the two.
UpShift provides a real resource with most of the
common barriers removed to bridge that gap
that I can name, point to, and feel good about
suggesting because it provides an actual chance for
help and follow through. I expect to see a much
higher rate of success among students dealing
with substance abuse because instead of sending
the student or their family out into the unknown
to address a problem they may not have the
tools or resources to solve, this brings help,
support, and options to the student directly."
-Deputy Woods, School Resource Officer [edited for
brevity]
PHS reached out to Deschutes
County Sheriff's Deputy, School
Resource Officer
Deputy Woods learned about
UpShift: Interested in referring
youth to UpShift
PHS worked with admin/counselor
and county UpShift Strategist to
expand La Pine's program
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11/18/2022
® i n
Prevention in Health Classes
and Family Engagement
Early Intervention with
Family Engagement
iiPSHIF T
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Referral to Treatment
care-
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Community Solutions
m ka•snic MEDICAL
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CENTER
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"The Healthy Schools Program has impacted
my teaching by shedding light on current
student health behaviors and trends. I am
able to tailor my curriculum, scope, and
sequence to better meet the needs of my
students in health topics and skills relevant to
them. 1 have also been able to connect
students to local health services and
programs."
-Denise Horton, PE & Health Teacher,
Caldera High
7
11/18/2022
Health
Schools
Connecting education, health, & community
SHIP: School Health Improvement Process
EBPs: Evidence -based Practices
PYD: Positive Youth Development
Mid-term (2-3 yrs)
Collaboration and -
- -- Integration
a-EBPs -
t Links to care
,I Unmet health
nnq(I CJ
Long-term (3+yrs)
School Climate
and Culture -
tStudent Health
Outcomes
t On -time Grad
isparittes-�-
R
11/18/2022
Oregon's PYD Benchmark
• Physical and Mental/Emotional Health
Competence
Confidence
• Connection
• Contribution
Meeting the PYD Benchmark predicts:
▪ Mostly As and Bs
More health -promoting behaviors
Less suicide consideration, being in a fight at school, being
suspended, substance use, and having sex
Proportion of Students (%)
80%
60%
4n%
20%
0%
BLS Students who Meet the Positive Youth Development
Benchmark
6th Grade
8th Grade
llth Grade
Total
9
11/18/2022
BLS Students Who Seriously Considered Suicide in the Past Year
by Positive Youth Development Benchmark
fltiftlr riscte
0
cyr Ptil e t D
B e n (th nil a r k
25%
20%
15%
10 %
0 %
Meets PYD Benchmark Does NOT Meet PYD Benchmark
12
10
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ce
*6;
9 4
2
Increased Health Teacher Knowledge and Confidence for Best Practices
Strongly Agree
Agree
Neither Agree Nor Disagree Disagree Strongly Disagree
IIIEBSIIIIEBSMBISSISSISIEIIIISBSSENSSISEMSBSBIB11USSBIEBSStibmsMSIIII
1 0
11/18/2022
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Teachers Report Potential Impact on Student Growth
Substantial Impac
oderate Impact Some Impact Low Impact No Impact
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Connecting education, health, & community
E s i. 18 8 3
B E N D LAPINE
Schools
EDUCATING THRIVING STUDENTS
"They [Deschutes County] have recently launched a new Healthy Schools model within
the Bend -La Pine School District with embedded public health specialists in every high
school. It's modeled on the Whole School, Whole Community, Whole Child (WSCC)
model and has a deep focus on supporting mental health and wellness. A very
promising approach that we would love to see scaled across the state!"
- Ashley Thirstrup, Oregon Health Authority Interim Director of Health in
Education
L
EXECUTIVE SUMMARY
INTRODUCTION TO HEALTHY SCHOOLS
WHY DO WE NEED HEALTHY SCHOOLS?
RESULTS
SUCCESSES
LESSONS LEARNED
ACKNOWLEDGEMENTS
4
5
6
7
11
14
15
EXECUTIVE
This was the first year of Healthy Schools. It was launched in the 2021-2022 school year
after the Deschutes County Board of County Commissioners and Bend -La Pine Schools
agreed to a 50/50 cost share. Public Health Specialists were placed in both Bend and La
Pine High Schools. There very key components developed and significant learnings
throughout this first year.
This was an important developmental year for operationalizing the program. Staff were
very busy integrating work across multiple organizations and programs to gain a truly
integrative and comprehensive approach toward improving school health. Key activities
in year one can be compartmentalized into assessment, evaluation, and
operations. Examples are the development of a program and evaluation plan.
Of the 23 major activities Healthy Schools set out to achieve by the end of the first year,
91% were complete or partially complete. Of the 10 metrics identified as important to
achieve in this first year, 100% were complete or almost complete. Completing these
benchmarks are significant because they are essential for improving student health and
educational outcomes.
While this is definitely news to celebrate, these results were only achieved through work
in two schools, Bend Senior and La Pine High Schools. We had intended to also reach
the middle schools that feed into these high schools. This was due to: delays in staff
hiring and the part-time status of Public Health Specialists as we began to fully
comprehend the amount of time it takes to develop tools and adapt to the school
needs. These barriers were removed by the 2022 Deschutes County Budget Committee
agreeing to move Public Health Specialists from part-time to full-time.
In summary, overall this was a hard and
exciting first year! We hired a very
talented staff that launched this dynamic
program and partnership during a time
when our students, families and staff were
.till in recovery from l I the l.UwiU- l 9 pandemic
and our school and public health systems
were fatigued. Nevertheless, the County
and district persevered. Now, not only are
Benc Senior and La Pine High schools ready
to rock and roll but the new schools added
in year two will more seamlessly be
launched.
INTRODUCTION T HEALTHY SCHOOLS
Just in case you hadn't heard....Healthy
Schools is an innovative model that places
Public Health Specialists in schools. Our
Mission is to provide public health services
directly within schools and school
communities so that students, families, and
school staff in Deschutes County have
access to high quality health promoting
programs.
In 2021-2022 Healthy Schools was provided
as a 50/50 partnership between Deschutes
County and Bend -La Pine Schools - each
paying 50% of the costs to place Public
Health Specialists in high schools as part of
school staff. The Public Health Specialist
serves as a school health coordinator for
their high school and the middle school/s
that feed into their high school. By the
school year 2023-24, each large high school
in Bend -La Pine Schools will host a Public
Health Specialist on their campus.
Issues addressed by Healthy Schools
include adolescent suicide ideation, vaping,
bullying, social media risks, tobacco and
alcohol use, pregnancy, sexually transmitted
infections, and immunizations as well as
other emerging risks and infectious
diseases that become a barrier to education
or social connections at school and increase
the likelihood of negative consequences in
adulthood. See the full Healthy Schools
program and evaluation plan, including key
performance metrics and first year
milestones:
www.deschutes.org/healthyschools.
HEALTHY SCHOOLS GOALS:
Increase social, mental, emotional,
-r and physical health supports in
schools
IIncrease students reaching Positive
Youth Development benchmark
Reduce unmet physical and
Nie mental/emotional health needs
amongst students
Reduce disparities by race/ethnicity,
4, gender/sexual orientation, and
income levels
'fi Increase on -time graduation rates
WH
YDOWENEED HE
LTHY SCH
OOLS.
As parents and community members, we have a stake in the health and productivity
of our youth. However, there are many challenges and obstacles that stand in the
way such as drug and alcohol use, suicidal ideation, pregnancy, to name a few. These
issues negatively affect young people's school performance, future job prospects,
and physical and mental health with lasting damage into adulthood. This has
individual as well as societal costs that can and should be avoided.
Schools are a logical and efficient setting for public health interventions for youth,
with the potential for high impact. Schools are settings where learning is expected
and new behaviors are learned and practiced caily. Children and adolescents spend
nearly half of their waking hours at school for 13 years of their critical
developmental life (National Association of chronic Disease Directors [NACDD],
2013). More than 95% of youth ages 5-17 can be reached through schools (Centers
for Disease Control and Prevention [CDC], 2019).
The Healthy Schools program brings the expertise of Public Health directly into
the schools to meet student and family needs and address disparities that the
school alone cannot address. Specifically, we place Public Health Specialists (PHS)
into schools to work directly with administrators, counselors, staff, parents, and
students in order to increase health -promoting behaviors and improve adolescent
health and education outcomes. Improved health and education outcomes are
reached through a coordinated school health improvement process, facilitated by
the PHS to improve health education, family engagement, and positive climate and
culture across the whole school and whole community. This coordinated school
health improvement process is associated with 7% greater graduation rates in
Oregon middle and high schools. An analysis conducted by the Oregon Health
Authority (2013) estimated that a 1 % increase in graduation rates returns $5.24 per
$1 spent.
VV11 WAS SERVED?
The 2021-2022 school year served as our
start-up year. Three staff were hired and
began the important work of developing
and operationalizing Healthy Schools on a
smaller scale in Bend Senior and La Pine
High Schools.
HOW DID WE DO OU 1ST YEAR?
To answer this question, you need to know where we started and what changes we
intended to make. The image below is a visual overview, called a logic model, to
show that if we do the activities we planned, then we should expect to see certain
results. Some results we'll see in the first year, some in two to three years and other
results we won't see until three years or later.
Additional information about the design of the Healthy Schools program can be
found in our program plan. Both can be found here: deschutes.org/healthyschools
this...
then this...
FIRS' YEAR R SULTS OV
R
Mid-term (2-3 yrs)
tCollaboration and
Integration
t EBPs
it Links to care
t Unmet health
needs
N NUMBERS
Of the 23 major activities we set out to
achieve by the end of the first year (June 30,
2022), 91% were either completed (19) or
were close to completing (2). Two activities
were incomplete.
Of the 10 metrics identified for year one, all
were complete (8) or partially complete (2) at
the high school level and two are in progress.
Completing these benchmarks are significant
because they are essential for improving
student health and educational outcomes.
91%
Long-term (3+ yrs)
tSchool Climate
and Culture
tStudent Health
Outcomes
On -time Grad
1 Disparities
100%
Mid-term (2-3 yrs)
t Collaborationntegr-ation and
l
t EBPs
t Links to care
I Unmet health
needs
E'® NPACK THE SHORT-TERM
Definition: The SHIP is how we get to
each school's priority plan. It stands for
School Health Improvement Process.
When we involve students, parents,
and staff, we build a plan that includes
priorities that everyone believes in and
can rally around.
0
Long-term (3+ yrs)
tSchool Climate
and Culture
tStudent Health
Outcomes
t On -time Grad
D sparities=-= -=
RESULTS:
39 school staff
70 students
6 parents
6 community partners
Definition: When everyone knows what the plan is and what
will be happening, it makes it more likely that the work will get
done. It also helps the entire school community work well
together. There are so many different parts within a school and
they all have to work together to promote a healthy approach.
For example, teaching kids to eat their vegetables in the
classroom loses its impact if there are not any vegetables
available at lunch or at home.
RESULTS:
Here are the shared priorities and actions that schools said were
needed in order to get to the Tong -term goals of Healthy Schools.
Improve inclusiveness and support for persons identifying as
Ilesbian, gay, bisexual, transgender, and queer, and black,
indigenous, and people of color
mprove collaboration between success and support programs
Increase the number of mental health supports available during
and after school
Improve school climate and culture
Increase family and student engagement
Improve school belongingness
Improve knowledge of campus resources and healthy behaviors
Definition: There are activities called Evidence Based Practices (EBPs)
that are known to improve the health of students. We use a tool called
the School Health Index, or SHI, to measure EBPs. We aim to increase
each school's EBPs. Before schools and teachers can change their
practices, they need to know which practices to change, why that
change matters, and how to make the change. That's capacity -building.
School 1
SHI Score:
r—"
53U/O
School 2
SHI Score:
avt U•411U/n
(50.9% baseline to 53.7%) (52.9% baseline to 53.1 %)
Increases in the SHI scores means that schools have increased their evidence -based
practices. We did not expect to see changes in the schools' evidence -based practices
this quickly but we did. Both schools had similar amounts of gains over the year, but one
school lost their health teachers which reduced their score. We saw these
improvements because of new trainings and collaboration to support students.
ESULTS TAKE A AY
These short-term results are important. If they aren't in place and done well, it can
prevent the results we want to see two and three years down the road. What these early
results show is that Public Health Specialists were able to effectively engage with their
school to begin building the way for greater prevention. It might be compared to building
a house. You have to have a plan before you can start and one of the first things that is
established in the concrete foundation. Our Public Health Specialists have worked with
u e sch ook o do just a iaL, develop a plan and ou datioI I Uy which tU UUIIU upor1.
cation at Bend Senior High
Suicide Prevention Ed
c•
z�U,�
A<r
"Teachers always appreciate when
"experts" get a chance to come
speak. It gives students a break
from listening to teachers, in
addition to an opportunity to learn
from someone designated to this
expert role. Typically these lessons
are completed by a counselor,
which means that, on average, a
counselor is using 10 hours of their
school day to be in the health
classes, taking away from the daily
connection and completion of
activities for a typical day in the life
of school counselor. This shift also
allows counselors to be more
readily available for supporting
students who might need additional
support and resources."
- Christine Ewing,
Bend Senior High School
Counselor
Bend Senior High's Public Health Specialist
provided Bend Senior High's suicide
prevention education for the 2021-2022
school year.
This service reached over 462 students in
mostly 9th and 10th grade with effective
suicide prevention education curricula. She
relieved Health teachers and school
counselors of over 43 hours of
instructional time and an unknown
amount of prep time.
The Public Health Specialist worked with their
school counselors, Health teachers, and the
Deschutes County Suicide Prevention team to
assure that the education was delivered with
fidelity, aligned with best practices for suicide
prevention, and delivered in a way that was
most engaging for Bend Senior High
students.
Bend -La Pine Schools requires 6 evidence -
based suicide prevention education
programs to be delivered over grades 6-12.
This is part of BLS' Suicide Prevention
Protocol, required through Oregon's Adi's
Act.
Expandingi at La Pine High
The Public Health Specialist (PHS) at La Pine High filled the school's
immediate need for a coordinator for their UpShift Program. This role
includes screening students who violate the school's substance use policy
and referring them into the appropriate level of care depending on their
substance use risk. Students receive an early intervention program at
school and/or treatment by a licensed therapist instead of an automatic
out -of -school suspension.
The PHS met with the School Resource
Officer (SRO), a Deschutes County Sheriff's
Deputy, to inform him about the program
and other efforts happening at the school
for youth substance use. The SRO became
interested in referring youth into the
program. The PHS consulted with the
school administrators, school counselors,
the providers receiving the referrals, the
Deschutes County UpShift Strategist, and
the SRO to make sure the school's program
had the capacity to serve additional
students and to establish the new entry
point into the workflow.
y contacts general!{ end in a yarning
or citation. There wasn't any real tool for
follow-through here and it left the
responsibility for additional action either
in the hands of the family or the
court with rx farge gap between the
tipShift provides a real resource
most of the common barriers
removed to bridge that gap that'
can name, point to, and fees good
about suggesting because it provides
n citiesl chance for help and follow
oligh. I expect to see a trruch;higher
to of success among students dealing
tivith Substance abuse because if stcad of
sending the student or their family out
into the Unknown to address a problem
they may not have; the tools or resources
to solve, this brings help, support, and
options to the students directly.
-Deputy Woods, School Resource
Officer, County Sheriff's Deputy
ith
"The HealthySchools pr grtrra has°been a positive addition to .La. '
Pine High ,School and .the.La"Pine corm:munrly / have worked with
various groups to .South i county, and pre 'Ol 1: facilitated a
corririty n anro ip focused cn crewing partnerships beteeri the
,schools, the.comity,rirn`ar7 %cal r'esourceslservices. One 0
. "biggest challenges digs connecting health relate services to
schools and:providi g resources for our students, families, a
corrirnunity°Amanda our, Public Health Specorked, :
diligently to understand the:.L.c Pin cdr-
resources to meet the health -related needs of thecorr i va
k finwnity ]
looard ra continuinh g is pcirtnership to ensure services
and resources are accessible to,the,entire cornmunrtyof La Pine.`',:
anctstrengthen the school and coo mun ty relatir nship."
Leslie Reiff, Interim Assistant Principal, LaPine High School
un
id+
�a
"Both the school district and county
commissioners deserve credit for trying
something new to tackle these public health
challenges in the schools. Without intervention,
more students will fail to succeed in school."
- Bend Bulletin
•
h
"[Our Public Health Specialist] almost
seamlessly joined our school's (multi -tiered
system of supports]group and provided
valuable insight about resources available
for students. I'm glad to have someone on
campus to provide extra resources, ideas,
and support for students and staff."
- Teacher
ur Public Health Sped trlistl
esaurce for us teachers. I hope
position that will, continue to be
or her as well as for cis:"
- Teacher
"[Our Public Health Specialist] jumped right
into our school, learning the staff, students,
culture, needs, and strengths. She has
embedded herself so beautifully in our school
especially in a hard year. Her systems lens is
much needed and we are s000000 grateful
for her!!!"
- School Counselor
One activity that was not complete was developing our
communications plan. COVID-19 and turnover in our
communications staffing did not allow for us to develop this
plan. Instead we made progress by identifying key points of
contacts, communication channels that can be used, health
communication priorities, and content related to vaping for
families and staff. However, all of our public facing documents
were either delayed or not created as a result.
Another activity we did not complete was reaching the middle
schools that feed into Bend and La Pine High Schools: Pilot
Butte and La Pine middle schools respectively. Our Public
Health Specialists (PHS) were not able to reach their assigned
middle schools during their first year, as intended. The PHS
work starts at the high school level, and once prioritization and
planning is complete, the PHS conducts the same process at
the middle school. This workflow is important to identify the
downstream issues in the high school and to create an aligned,
upstream plan in the middle school that addresses priorities at
both schools and aids students/families' transition across
school sites. The delay in reaching the middle schools was due
to the following _ factors: factors: delays in PHS recruitment and start
times, part-time status of our PHS, and the time it takes to
develop our program tools and adapt to school needs,
including time constraints of school staff.
Fortunately, in June 2021, the Deschutes County Board of
Commissioners adopted a budget for the 2022-2023 fiscal year
that would allow us to increase our PHS to full-time. Starting
July 1, 2022 Deschutes County committed to paying the one-
time additional cost to increase these staff from 0.8 i- I E to 1.0.
As a result, PHS will be able to reach middle schools starting
next year,
Healthy Schools was made possible through funding provided by Bend -La Pine
Schools and Deschutes County. The commitment to joint funding and ownership of
this program allows resources to be directed in a manner that addresses our local
community's needs and priorities. This partnership is an innovative approach to
supporting our communities kids, families and schools.
Special thanks to our colleagues in the following organizations for the extensive time
and effort they have contributed to the development of Healthy Schools:
• Bend -La Pine Schools district office staff
• Bend -La Pine Schools school building staff
• High Desert Education Service District
• Deschutes County Health Services
FOR MORE
NFO MA11ON
Reach out and ask us questions. We are eager to talk about this program. Contact
us by email or find out more from our webpage:
• healthyschools@deschutes.org
• ceschutes.org/healthyschools
Connecting education, health, & community
1 ES
4
November 22, 2022
BOARD OF COUNTY COMMISSIONERS
Senator Ron Wyden Representative Earl Blumenauer
Senator Jeff Merkley Representative Peter DeFazio
Representative Suzanne Bonamici Representative Kurt Schrader
Representative Cliff Bentz
Dear Oregon Congressional Delegation,
We are writing as representatives of Deschutes County to request your assistance in extending the pause of the
implementation of the National Marine Fisheries Service (NMFS) Biological Opinion (BiOp) which is now
part of the National Flood Insurance Program (NFIP) in the State of Oregon (Oregon NFIP BiOp or BiOp).
This Oregon BiOp requires the Federal Emergency Management Agency (FEMA) to ensure that NFIP
Participating communities with Endangered Species Act (ESA) salmonids increase their habitat protections.
We are writing to ask for your help. FEMA has not adequately engaged local governments in the discussion of
development of these new rules. FEMA has not considered how local governments are already acting to
protect endangered species and their habitats, and instead has proposed a one size fits all, top -down approach
on how local governments must require ESA compliance. FEMA will expect local governments to implement
these new standards, therefore local governments should be directly and substantially involved in the
development of these standards.
Please consider adding language in the December Omnibus bill that supports extending the pause of the
implementation of the BiOp to allow the opportunity for further engagement from local governments. Without
the direct participation of affected communities, FEMA and NMFS could again develop a plan that does not
work for those communities.
On behalf of the Board of County Commissioners,
Patti Adair, Chair
Deschutes County Commissioner
1300 NW Wall Street Bend, Oregon 97703
%' (541) 388-6572 board@deschutes.org • www.deschutes.org
ES
0
November 16, 2022
Senator Ron Wyden
221 Dirksen Senate Office Building
Washington, D.C. 20510
Senator Jeff Merkley
531 Hart Senate Office Building
Washington, D.C. 20510
Representative Suzanne Bonamici
2231 Rayburn House Office Building
Washington, D.C. 20515
Representative Cliff Bentz
1239 Longworth House Office Building
Washington, D.C. 20515
Dear Oregon Congressional Delegation,
OARD OF COUNTY COMMISSIONERS
Representative Earl Blumenauer
1111 Longworth House Office Building
Washington, D.C. 20515
Representative Peter DeFazio
2134 Rayburn Office Building
Washington, D.C. 20515
Representative Kurt Schrader
2431 Rayburn House Office Building
Washington, D.C. 20515
We are writing as representatives of Deschutes County to request your assistance in delaying implementation
of the National Marine Fisheries Service (NMFS) Biological Opinion (BiOp) which is now part of the
National Flood Insurance Program (NFIP) in the State of Oregon (Oregon NFIP BiOp or BiOp) (NWR-2011-
3197).
This Oregon BiOp concludes that the Federal Emergency Management Agency's (FEMA) implementation of
the NFIP in Oregon is causing jeopardy to 17 Endangered Species Act (ESA) listed species and adverse
modification of critical habitat for 16 of those species. In the intent to propose next steps toward determining
specific actions FEMA could require of Oregon communities a Reasonable and Prudent Alternative (RPA)
was outlined in the BiOp. The RPA approach to avoid jeopardy and adverse modification of critical habitat
requires FEMA to ensure that NFIP participating communities do not allow unmitigated impacts to certain
natural functions of floodplains from new development in the Special Flood Hazard Area (SFHA).
We are writing to you now to ask for your help. The BiOp was issued April 2016, and over that time, FEMA
and NMFS have rolled out three different implementation plans — none of which address the fundamental
errors and deficiencies in the BiOp's analysis and conclusions. Amongst those errors and deficiencies are the
1300 NW Wall Street Bend, Oregon 97703
t' (541) 388-6572 board@deschutes.org www.deschutes.org
BiOp's failure to consider existing regulations and programs in Oregon that address and/or mitigate many of
the concerns laid out in the BiOp.
FEMA has not adequately engaged local governments in the discussion of development of these new rules.
FEMA has not considered how local governments are already acting to protect endangered species and their
habitats, and instead has proposed a one size fits all, top -down approach on how local governments must
require ESA compliance. Nor will FEMA allow credit for existing regulatory floodplain programs and habitat
restoration projects. FEMA will expect local governments to implement these new standards, so local
governments should be directly and substantially involved in their development. In addition, local
governments do not have the resources for implementation of these standards yet will be held responsible for
insufficient administration of this program.
The consequences of not following this BiOp are extreme and include suspension from NFIP, loss of the
availability of NFIP policies, and no consideration for disaster relief funding. In addition, local governments
will be faced with issues of property takings and inverse condemnation claims. The expense of defending
against these claims will be financially devastating to local government and will ultimately undermine
participation in the NFIP. Additionally, many of the program changes that FEMA has signaled will become
mandatory, are inconsistent with existing Oregon land use priorities and programs and threaten the viability of
many of Oregon's communities.
Please consider adding language in support of delaying the implementation of the Oregon BiOp in the
December Omnibus bill until a national approach has been resolved. We also request your consideration of
asking FEMA and NMFS to allow NFIP participating communities to participate directly and continuously in
the development of a nationwide approach to integrating the ESA into the NFIP. Without the direct
participation of affected communities in developing a national approach FEMA and NMFS could again
develop a plan that does not work for those communities.
Thank you for your ongoing support and consideration.
Sincerely,
BOCC
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: November 21, 2022
SUBJECT: Public Hearing - Psilocybin TPM Amendments
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners (Board) will hold a public hearing concerning time,
place, and manner (TPM) text amendments for psilocybin.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
w
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REQUEST TO SPEAK
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GROUP
CORINNE CELKO
Admitted in Oregon
(503) 467-0396
corinne@emergelawgroup.com
621 SW Morrison St., Suite 900, Portland, OR 97205
November 21, 2022
VIA HAND DELIVERY
Patti Adair, Chair
Board of County Commissioners
Deschutes County
PO Box 6005
Bend, OR 97708-6005
Re: Psilocybin Time, Place, and Manner (TPM) Text Amendments
Dear Chair Adair and Members of the Board:
My law firm and I represent Juniper Preserve, formerly the Pronghorn Resort, a master -planned wellness
resort community currently evaluating participation in the Oregon Psilocybin Services Act program. This letter
addresses the Staff Report, dated November 9, 2022, regarding the Planning Commission's proposed psilocybin
TPM text amendments and requests supplemental code changes to the Planning Commission's proposal.
For the reasons discussed more fully below, we request code changes to allow an existing lawfully
established destination resort within the Destination Resort zone (the "DR zone") to establish a psilocybin service
center within any area approved for a "wellness use," including a spa or fitness center, pursuant to an approved final
master plan without having to first modify its approved conceptual or final master plan. This letter is timely
provided during the open record period for the hearing in this matter. Please place this letter in the official record
for this proceeding.
A. The Planning Commission's Recommendation to Allow Service Centers in the DR Zone is Sensible
and Safe.
As stated in the Staff Report, the Planning Commission proposes to amend DCC 18.113.030(D) to allow a
psilocybin service center as a commercial service use as part of a destination resort in the DR zone.' We support
this recommendation for several reasons. As many residents and experts testified in the Planning Commission
hearings on this matter, a natural setting is essential to an effective and healing psilocybin experience. Further
testimony established that siting a psilocybin service center in an urban environment, rife with traffic, loud noises,
and bright lights could harm or trigger people seeking psilocybin services to combat PTSD or other trauma, which
could exacerbate those conditions, rather than alleviate them. Several hearing participants also testified to the
benefits of overnight accommodations at or near a psilocybin service center to provide a safe and secure space for
clients to readjust and rest after their experience, which can have long-lasting effects.
By making its recommendation to allow service centers in the DR zone, the Planning Commission
recognizes that a destination resort would be the ideal location for a psilocybin service center, given a resort's
' See 11/21/22 BOCC Meeting Agenda Packet ("Agenda Packet") at p. 399.
EMERGE LAW GROUP
natural setting and available overnight accommodations. Master -planned destination resorts also provide practical
advantages for siting a service center, such as built-in infrastructure capacity and transportation access for guests.
Resorts can also provide onsite food service for guests before or after long psilocybin administration sessions.
Guests undergoing psilocybin therapy may also relax and enjoy a resort's amenities after a session, rather than
having to travel home, which promotes guest and public safety.
We, therefore, applaud and support the Planning Commission's recommendation to allow psilocybin
service centers as a commercial activity at a destination resort in the DR zone.
B The Planning Commission's Proposed Amendments Would Prevent the Efficient Establishment of
Service Centers in the DR zone.
We do, however, wish to alert the Board that, as written, the proposed DR zone code amendment leaves
significant barriers to the establishment of a service center in a destination resort. Under the Planning
Commission's proposal; a service center could be established in the DR zone in one of two ways: (1) as part of a
new approved destination resort or (2) as a new commercial activity in an existing destination resort, subject to a
Hearings Officer's determination on whether to require a modified conceptual or final master plan.
Under the first path, it would take several years or even decades before a new destination resort with a
service center could be established in the County, if ever. New destination resorts in Deschutes County are
exceedingly rare. Under DCC 18.1 13.060(3), resort applicants must put together a minimum investment of $14.4
million.' Plus the DR zone occupies a tiny fraction of the overall area of the County, making it difficult to identify
and purchase suitable property. And navigating the intensive approval process can take many years: Publicly
available information demonstrates that the "Thornburgh destination resort" application, for example, remains
pending 16 years after its initial submission. Only four destination resorts have successfully located in the Country's
DR zone.' That a new destination resort providing psilocybin services would ever be established in the County is,
therefore, pure speculation and highly unlikely, certainly within any cognizable timeline.
Practically, that leaves only the second option, establishing a service center in an existing destination resort.
As written, however, the Planning Commission's amendment comes with significant uncertainty and could impose
significant costs in time and funds for an existing resort, such as Juniper Preserve. The amendment adds "Psilocybin
service centers licensed by the Oregon Health Authority" as a separate and distinct commercial service allowed as
part of a destination resort. Notably, however, according to the Staff Report, "if [the amendment] is adopted, it is
unclear whether a destination resort could immediately apply for a site plan review. Modifying the conceptual
and/or final master plan may be required. This would be a matter of first impression and would be sent directly to
a Hearings Officer."'
C. Our Proposed Code Change Promotes Access to Psilocybin Services at Destination Resorts While
Balancing Any Public Safety or Development Concerns.
By County staff's own admission above, the proposed amendment carries significant uncertainty and likely
additional costs and time delays. At best, a destination resort psilocybin service center applicant would have to
expend time and funds on the hearing process to obtain a decision allowing the site plan review without a conceptual
and/or final master plan modification. At worst, the Hearings Officer would determine that the applicant must
undergo the costly and complex conceptual and/or final master plan modification process after the expensive
hearing process Qnnh uncertainty and additional administrative 6....-tl..... would ,...1. .. t,. further delay
...,_i inhibit
...,..... , r.,.a.. ._.�..,.. ti....e..ILll.a, Laura uuutttviiUL aULIL1111JLtaLt vt. hurtles 3 vvvi.ttu only se�rvd. Lv further ua.tay and tu,ilvlL
a resort's ability to provide psilocybin services, contrary to the spirit of Measure 109 and County residents' desire
for service centers in natural settings, as expressed in the f VS1iSJ1V!' J hearing
pn!!1g records,
We propose code changes that easily resolve the above issue. Our suggested code changes, attached hereto
as Exhibit A, reflect a compromise in which an existing destination resort approved for a "wellness" use, such as a
spa or fitness center pursuant to its approved final master plan, may establish a psilocybin service center in an area
approved for the "wellness" use(s) without being required to undergo the lengthy and expensive conceptual/final
2 The equivalent of $7 million in 1993 dollars.
'Eagle Crest Resort; Tetherow Resort; C aldera Springs; and Juniper Preserve (formerly Pronghorn Resort).
Agenda Packet at p. 362.
master plan modificatio❑ process.' Any new destination resort applicant or existing destination resort with no
approved "wellness" uses (as determined by the Planning Director) would submit to a Hearing Officer's
determination regarding the master plan modification question per the Staff .Report.
Our proposed changes eliminate the uncertainty, risks, and potential costs associated with the Planning
Commission's proposed amendment for destination resorts, but only for existing destination resorts that the County
has already deemed suitable for wellness -related uses. We make the "wellness" use distinction because psilocybin
services promote wellness similar to a spa or fitness center in which physical and mental wellbeing is encouraged
through certain activities and product sales and consumption. Areas the County has approved for wellness activities
are most logically and logistically suitable for the addition of psilocybin services.
The proposed change would allow an existing destination resort with one or more approved wellness -related
uses to enhance such uses by adding an OHA-compliant psilocybin service center, while requiring any new
destination resort applicant to include a proposed psilocybin service center in its conceptual and final master plans
in the normal course. Plus, any existing destination resort that is not outfitted for wellness activities could either
modify its conceptual or final master plan to add a psilocybin service center use — as would be required should the
resort wish to add any wellness -related use — or go to hearing on a site plan review application.
Our proposed change is extremely limited and does not sacrifice public safety. First, our proposed
compromise pertains, at most, only to the four existing destination resorts in the County's DR zone,' and only to
those seeking to add a psilocybin service center. Second, any proposed service center in an existing destination.
resort would still be required to meet all applicable County standards and criteria pursuant to a site plan review prior
to adding the use and initiating operations. Third, all psilocybin service centers must comply with OHA's
forthcoming regulations, including those that address public safety and security, including, according to OHA's
draft rules, alarm systems, surveillance cameras, age limits, etc.
D. Conclusion.
The ideal location for a psilocybin service center is in existing, master -planned destination resorts
approved for wellness -related amenities within the DR zone, of which there are only four (4) in the County.
These destination resorts in the DR zone offer the quiet, nature -based setting critical to a therapeutic psilocybin
administration session, while also providing the practical advantages of infrastructure capacity, transportation
access, overnight accommodation, and food service for a safe and secure visitor experience. We request that you
remove the laborious and costly process of requiring conceptual or master plan modification before an existing
destination resort can offer psilocybin services.
Our proposal would allow the County's four (4) destination resorts in the DR zone to effectuate the will
of County residents — to provide residents and visitors psilocybin services in the County's most prized majestic
and natural environments — without negatively impacting public safety and security. We encourage the
Commissioners to carefully review and approve of our suggested TPM amendments, as shown in Exhibit A,
attached.
Thank you for your time and attention to this matter.
Sitter ly,
Cine Celko
Attorney
5 We request only a modification to DCC 18.113.030(D). We do not propose to alter the Planning Commission's suggested
amendment to 18.1 13.030(H)(1), which we support.
6 Juniper Preserve's final master plan includes an approved spa use; according to publicly available information, the other
three destination resorts include spa and/or fitness facilities, though we have not reviewed their final master plans.
EXI-UBIT A
CHAPTER 18,113 DESTINATION RESORTS ZONE; DR
18.113.030 Uses in Destination Resorts
The following uses are allowed, provided they are part of, and are intended to serve persons at, the destination resort
pursuant to DCC 18.1 13.030 and are approved in a final master plan:
A. Visitor -oriented accommodations designed to provide for the needs of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time share units
and similar transient lodging facilities.
2. Convention and conference facilities and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating and drinking establishments; and
5. Other similar visitor -oriented accommodations consistent with the purposes of DCC 18.1 11 3 and
Goal 8.
B. Developed recreational facilities designed to provide for the needs of visitors and residents of the resort;
1.t�
1. Golf courses and clubhouses;
_. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths, jogging paths, equestrian trails;
8. Other similar recreational facilities consistent with the purposes of DCC 18.113 and Goal 8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and multi family dwellings;
3. Condominiums;
4. Townhouses;
5. Living quarters for employees;
6. Time-share projects.
D. Commercial services and specialty shops designed to provide tor :he visitors to the resort:
1. Specialty shops, including but not limited to delis, clothing stores, bookstores, gift shops and
specialty food shops;
2. Barber shops/beauty salons;
3. Automobile service stations limited to fuel sales, incidental parts sales and minor repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores;
7. Psilocybin Service centers licensed by the Oregon Health Authority;
a. For a lawfully established destination resort, the establishment of a psilocybin service
center in any area approved for a spa, physical fitness center, or other use deemed by the
Plann.Plan....... rti.....t..., to .....Lance a ......s,...9s ..........., rt to, final .,....,t..... Ian
ing vttn,vtvt w enhance et fJo.luvtt. .3 wellness pursuant w an LafJrJty V ./t4 tttU.It master plan
does not require modification of an approved conceptual master plan or final master plan.
e Other .,,lily . ..,h:,.r....., provide c..:, t needs of visitors and ,,..... consistent
ll. tJlllbl :9dd4111C11 commercial services which I/1 L/V i1,_il-' 1\,/1 the IIC�6:lll 1,/1 resort VIIILi../l;� C111\1 are 1.1 /11�197.Gi11.
with the purposes of DCC 18.113 and Goal 8.
E. Uses permitted in open space areas generally include only those uses that, except as specified :herein, do
not alter the existing or natural landscape of the proposed open space areas. No improvements, development
or other alteration of the natural or existing landscape shall he allowed in open space areas, except as
necessary for development of golf course fairways and greens, hiking and bike trails, lakes and ponds and
primitive picnic facilities including park benches and picnic tables. Where farming activities would be
consistent with identified preexisting open space uses, irrigation equipment and associated pumping
facilities shall be allowed.
1 , i rac I1lIR s necessary for public aleiy and Utility service within the destination resort,
G. Other similar uses permitted in the underlying zone consistent with the purposes of DCC 18.1 '13.030.
1-1. Accessory Uses in Destination Resorts:
1. The following accessory uses shall be permitted provided they are ancillary to the destination resort
and consistent with the purposes of DCC 18.1 13 and Goal 8:
a. "transportation -related facilities excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors only;
c. Recycling and garbage collection facilities;
f. A psilocybin product manufacturer licensed by the Oregon Health Authority, so long as
the use is in conjunction with a psilocybin service center;
g. Other similar accessory uses consistent with the purposes of [ACC 18.113 and Goal 8.
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: November 16, 2022
SUBJECT: Public Hearing - Psilocybin TPM Amendments
The Board of County Commissioners (Board) will hold a public hearing on November 21 from 3 to 5 p.m.
and reconvening at 6 p.m. at the Deschutes Services Center, 1300 Wall Street, Barnes and Sawyer rooms.
concerning time, place, and manner (TPM) text amendments for psilocybin.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of
Land Conservation and Development (DLCD) on August 25, 2022. Staff presented the proposed
amendments to the Planning Commission at a work session on September 8, 2022.1 The initial public
hearing was held on September 29, 2022,2 at which time the Planning Commission voted to continue the
hearing to October 13 in order to receive additional oral and written testimony.' At the conclusion of the
October 13 public hearing continuation, the oral record was closed and the written record was left open
until October 14, 2022. The Planning Commission conducted deliberations on October 27, 20224; the
recommendations of the Planning Commission are outlined in this memorandum and reflected in the
proposed text amendments. Staff presented the proposed amendments to the Board at a work session
on November 14, 2022.5
The text amendments and findings are provided as attachments to this memorandum as exhibits to
Ordinance No. 2022-014. The record, which contains all memoranda, notices, and written testimony
received, is available at the following website: https://www.deschutes.org/cd/page/247-22-000676-ta-
psilocybin-time-place-and-manner-tpm-text-amendments.
I. BACKGROUND
On June 1, 2022, staff provided the Board with an overview of Measure 109, which legalized psilocybin in
Oregon subject to the criteria noted in the measure and subsequent rulemaking.6 The memorandum
1 https://www.deschutes.org/bc-pc/page/planning-commission-16
Z https://www.deschutes.org/bc-pc/page/planning-commission-19
https://www.deschutes.org/bc-pc/page/planning-commission-20
https://www.deschutes.org/bc-pc/page/planning-commission-21
https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-71
e https://www.deschutes.org/bcc/page/board-commissioners-meeting
introduced the origin of the measure, the types of licenses that will be available, the role of the Oregon
Health Authority (OHA) and its committees, and the rulemaking process. During the discussion, staff
noted the compressed timeline: OHA is currently in the process of rulemaking, which may not be
complete until December 2022, yet OHA is due to begin accepting applications for licenses on January 2,
2023. As noted, OHA licenses will require a Land Use Compatibility Statement (LUCS) to be issued by the
County.
Measure 109 automatically opts cities and counties into the psilocybin program. However, Measure 109
offers the option for cities and counties to opt out of the program via a ballot measure in the next general
election —in this case, November 8, 2022. On July 13, 2022, the Board conducted an afternoon and
evening hearing to consider Ordinance No. 2022-009, Referring a Measure to the Electors to Prohibit
Product Manufacturers and Psilocybin Service Center Operators within Unincorporated Deschutes
County.' The Board deliberated on the matter on July 20 and adopted a first reading of Ordinance No.
2022-009. Second reading occurred on August 8. The ordinance was subject to Deschutes County voters
for the November 8, 2022 General Election, at which time the electors voted to overturn the opt out.8
Measure 109—and the corresponding Oregon Revised Statute 475A.530—allows cities and counties to
adopt "reasonable regulations" for time, place, and manner (TPM) concerning psilocybin businesses.
During deliberation of Ordinance No. 2022-009 the Board expressed interest in developing TPM
amendments in the event voters reject prohibiting psilocybin manufacturing and psilocybin service
centers in the unincorporated county. Amendments could be adopted by the end of the calendar year,
prior to OHA accepting applications for licensure on January 2, 2023. On July 27, the Board directed staff
to begin the TPM process.'
11. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The
primary purpose of the amendments is to create time, place, and manner regulations concerning
psilocybin manufacturing, service centers, and testing laboratories. A brief summary of the amendments
are as follows, with further description following:
• DCC 18.04.030: Adds new definitions for terms relating to psilocybin.
• DCC 18.65 Rural Service Center, 18.66 Terrebonne Rural Community, 18.67 Tumalo Rural
Community, 18.74 Rural Commercial, 18.108 Sunriver Urban Unincorporated Community: Adds
psilocybin service centers as a conditional use with site plan review
• DCC 18.67 Tumalo Rural Community, 18.100 Rural Industrial: Adds psilocybin testing laboratories
as a conditional use with site plan review
7 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-63
8 Unofficial results as of Wednesday, November 9 were 56.31% in favor of overturning the opt out versus 43.69% in favor of opting
out.
9 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-65
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• DCC 18.113.030 Destination Resorts: Adds psilocybin service centers to allowable uses in
destination resorts
• DCC 18.116.380: Adds a new chapter creating time, place, and manner criteria for psilocybin
manufacture as farm use; psilocybin manufacture as a processing use; psilocybin service centers.
III. PLANNING COMMISSION PROCESS
As noted above, the Planning Commission held a public hearing on September 29 and October 13 and
deliberated on October 27.
A. Public Testimony
Atotal of 32 individuals provided written testimony concerning the proposed amendments, spanning the
timeframe between initial 35-day DLCD notice on August 25 to the conclusion of the open record period
on October 14, 2022. Approximately one dozen individuals testified at the September 29 public hearing,
and a dozen more testified on October 13. The majority of in -person testimony focused on similar themes
as the written testimony, with the majority supporting psilocybin services and wanting to expand options.
Oral and written testimony topics were generally grouped as follows:
Twenty individuals in written testimony were in favor of psilocybin as a treatment option for conditions
such as PTSD (particularly for veterans), trauma and addiction.
• General support of psilocybin as a treatment option.
• Many comments stated the proposed regulations are too restrictive. Specifically:
o Service centers should be allowed to have overnight/multi-day stays owing to the nature
of psilocybin treatment, which ideally involves an initial intake/consultation, a facilitated
experience, and then follow-up integration.
o Service centers should be placed in rural, nature -based settings owing to the sensitivity of
clients either from the issues they are seeking to address (i.e. PTSD) and the heightened
sensitivity to surroundings/sensations during the treatment itself. The proposed locations
of commercial and retail/service zones therefore were not appropriate.
o Increased access to psilocybin services in general is important, for reasons both financial
and societal/cultural (for instance, some veterans prefer maximum privacy)
o Proposed hours of service centers are too limited and should match OHA guidelines
o The County should consider allowing service centers in destination resorts
o The County should consider allowing psilocybin manufacturing in forest zones in addition
to Exclusive Farm Use (EFU) zones.
Eight individuals in written testimony were against psilocybin in the rural county:
• Several comments directed the Planning Commission to vote yes to Measure 9-152 (prohibiting
-3-
psilocybin manufacturing and service centers). It was apparent that many citizens conflated this
hearing —which is considering potential zoning if the opt out is overturned —with the opt -out
ballot measure in November. During the hearing, staff attempted to clarify this distinction and
noted that the voters of the county, not the Planning Commission, will determine if the county
opts out of psilocybin altogether.
• Concerns about rural compatibility, orderly growth, safety, and water usage, and a subsequent
desire to put psilocybin businesses in cities first.
Additional items from the open record period include:
• Questions and answers regarding the psilocybin program and rulemaking between the Oregon
Health Authority (OHA) and the Association of Oregon Counties Planning Directors group
(AOCPD).
• Correspondence between Planning Commissioner Altman and Senior Planner Tanya Saltzman
concerning more detailed maps of the areas around service center zones as well as discussion
regarding options for overnight stays.
• Central Oregon LandWatch (COLW) testified that the amendments should be subject to Goal 5.
In addition to comments from the general public, staff received two written comments from DLCD; both
were responses to requests from staff concerning DLCD's interpretation of a component of ORS
475A.570, which addresses psilocybin service centers in relation to farmland.
B. Agency Testimony
DLCD provided written testimony concerning its interpretation along with that of the Department of
Justice, of ORS 475A.570(3), which states "(3) The operation of a psilocybin service center may be carried
on in conjunction with a psilocybin-producing fungi crop." In addition to the agency's written comments,
Hilary Foote, Farm/Forest Specialist from DLCD, provided verbal testimony that further explained the
legal mechanisms behind designated uses on EFU land.
Ultimately, DLCD's interpretation of the statute is that psilocybin service centers would not be permitted
as a stand-alone use on EFU land. However, it is possible that a service center could be permitted as a
part of another use that is allowed in EFU—namely, a home occupation or a commercial activity in
conjunction with farm use. These avenues are not without their own criteria and restrictions, and DLCD
noted in its follow-up written testimony that Deschutes County's current code is more restrictive than
state law concerning commercial activity in conjunction with farm use (DCC 18.16.040(B) requires that
the commercial activity be related to an on -property farm use).
C. Planning Commission Deliberations and Recommendations
Based on the testimony received, the Planning Commission deliberated and formulated several
recommendations. In general, the Planning Commission supported providing more/broader options for
-4-
psilocybin businesses where possible, while recognizing that there are regulatory limitations associated
with the Oregon land use system and the rulemaking process, which is not yet finalized. To that end,
Planning Commission recommendations are as follows, with staff notes where applicable:
• Allow psilocybin manufacturing as farm use and manufacturing as processing use to occur
on Forest zoned properties (F1, F2).
Some testimony requested that areas permitting psilocybin manufacturing be expanded to forest
uses, citing ORS 475A.571(1), which declares psilocybin-producing fungi as a crop for the purposes of
"farm" use and "farming practice." ORS 475A.570(4) states "A county may allow the manufacture of
psilocybin products as a farm use on land zoned for farm or forest use in the same manner as the
manufacture of psilocybin products is allowed in exclusive farm use zones under this section and ORS
215.213, 215.283 and 475C.053." The original amendments only allowed manufacturing in EFU zones;
the code provided today reflects the Planning Commission's recommendation.
• Amend the operating hours relating to psilocybin service centers to align with Oregon
Health Authority (OHA) proposed rules, 6:00 a.m. to 11:59 p.m., with allowances beyond this
for extenuating circumstances based on the determination of the facilitator.
The original amendments allowed service center hours as 7:00 a.m. to 7:00 p.m. This was intended to
be a placeholder until further information was received via testimony. A significant amount of
testimony requested that service center hours match those of Oregon Health Authority's: 6:00 a.m.
to 11:59 p.m., with allowances beyond this for extenuating circumstances based on the determination
of the facilitator. This provision currently exists in OHA's proposed rules; staff will aim to match final
OHA language. The code provided today reflects the Planning Commission's recommendation.
• Amend Deschutes County's Destination Resort code to permit psilocybin service centers
in destination resorts.
The original amendments did not allow service centers in destination resorts. However, testimony
from representatives from Pronghorn Resort (now called Juniper Preserve) (C. Celko/Emerge Law
Group, 2022-10-13 and 2022-9-29 and several individuals providing verbal testimony) recommended
that service centers are in fact suitable for destination resorts as promoting wellness opportunities.
The testimony noted that siting service centers within destination resorts could potentially be an
easier fit with respect to state and local land use law, given its natural setting without potential
conflicts. The testimony cited DCC 18.113.010(B), which states the Destination Resort zone "will
ensure resort development that complements the natural and cultural attractiveness of the area
without significant adverse effect on commercial farming and forestry, environmental and natural
features, cultural and historic resources and their settings and other significant resources." The same
testimony also noted the existing overnight accommodations and other ancillary uses in destination
resorts.
Testimony against siting service centers in destination resorts (J. Guild, 2022-10-14) cited the
requirement in a destination resort of CCRs requiring HOA Board approval. Concerning compatibility,
Guild noted that "Pronghorn has a 3 mile Right of Way across Federal land and is surrounded by
-5-
Bureau of Land Management land where shooting and hunting is allowed." Other concerns cited
included compatibility, liability, and public safety.
The code provided today reflects the Planning Commission's recommendation to allow service
centers in destination resorts. Upon consultation with legal counsel, staff made changes to the
language proposed in the testimony to more accurately reflect the approval process with respect to
a resort's master plan. If adopted, it is unclear whether a destination resort could immediately apply
for a site plan review. Modifying the conceptual and/or final master plan may be required. This would
be a matter of first impression and would be sent directly to a Hearings Officer.
• Recognize that psilocybin service centers can be allowed as home occupations or
commercial activities in conjunction with farm use.
As noted above, DLCD provided written testimony that psilocybin service centers could not be a stand-
alone use in EFU zones but could potentially be allowed on EFU land through two paths: home
occupations and commercial activity in conjunction with farm use. Specifically:
• Commercial activities that are in conjunction with farm use are conditional uses subject to
DCC 18.16.040, Limitations On Conditional Uses, and 18.128.015; and
• Home Occupations are conditional uses subject to DCC 18.16.0030(M), Limitations On
Conditional Uses, and DCC 18.116.280, Home Occupations.
The Planning Commission recommended keeping these options available (as opposed to specifically
prohibiting them). No code changes are required to support this interpretation, as the uses
(commercial activity in conjunction with farm use and home occupation) already exist in DCC.
• The proposed amendments are not subject to a Goal 5 analysis.
Testimony received from Central Oregon LandWatch (R. Isbell, 2022-9-29) suggested that the
proposed amendments must demonstrate compliance with Goal 5. Given the proposed uses and
their locations, staff currently maintains that the proposed uses for psilocybin will not be subject to
Goal 5:
• Psilocybin manufacturing is considered a farm crop/farm/use/farming practice per ORS 475A.570
• The areas in which service centers are currently proposed (retail/commercial zones) are not
subject to the current WA combining zone
• Service centers on EFU may be allowed not as new conflicting, stand-alone uses but under existing
uses within EFU (home occupations/commercial activity in conjunction with farm use)
This does not require a change to any code language, but staff has updated the findings to reflect the
above statements more specifically.
• Allow overnight accommodations and ancillary uses (meditation, yoga, etc.) as accessory
uses to psilocybin service centers.
-6-
A significant amount of testimony —as well as Planning Commissioners' clarifying questions —focused
on the possibility of allowing psilocybin service centers to allow overnight/multi-day stays due to
reasons ranging from safety concerns to promoting a better, more complete therapeutic experience.
At the conclusion of deliberations, the Planning Commission recommended that overnight
accommodations and ancillary uses be permitted, while recognizing that the regulatory path to do so
is currently unclear.
Staff has shared the following remarks to psilocybin advocates, Planning Commission, and the Board
throughout the TPM process. OHA's proposed rules and the testimony submitted to date by
psilocybin advocates have not defined the operational characteristics of service centers, whether they
contain overnight accommodations or not. While we know that OHA's proposed rules allow up to 25
clients in one group psilocybin session at a service center, staff are unable to develop findings that
evaluate the cumulative impacts associated with that number of participants, not to mention
"ancillary services" (currently undefined) or overnight accommodations. Legislative amendments to
DCC require staff to analyze service centers to demonstrate compliance with the Comprehensive Plan,
Statewide Planning Goals, Oregon Administrative Rules (OARs), and Oregon Revised Statutes
(ORS). Without more detailed information, staff are unable to evaluate their impacts on farm and
forest lands (Goals 3 and 4), wildlife (Goal 5), and county and state transportation facilities (Goal 12).
More specifically, staff are unable to:
o Perform a farm (or forest) impacts test to determine whether service centers disrupt
agricultural (or forest) activities.
o Determine if this new conflicting use should be permitted, limited, or prohibited in Deschutes
County's wildlife area, sensitive bird and mammal, and sage grouse combining zones based
on an Economic, Social, Environmental, and Energy (ESEE) analysis.
o Analyze whether county or state transportation facilities are affected by service centers as
required under the Transportation Planning Rule (TPR).
IV. AMENDMENT SUMMARY
Measure 109 and the subsequent ORS 475A statute provides no direction as to reasonable time, place,
and manner restrictions. The measure contains limited basic criteria pertaining to land use. For instance,
psilocybin service centers may not be located within 1,000 feet of elementary or secondary schools (500
feet if there is a physical or geographic barrier), and manufacturing facilities may not be located outdoors.
Service centers may not be located in single family dwellings.
Table 1 outlines the psilocybin uses in the proposed amendments, including Planning Commission
recommendations where applicable, as discussed above.
-7-
Table 1 — Summary of Proposed TPM Amendments
Use
Description
Notes
Psilocybin Manufacturing
as a Farm Use
Allowed in:
• EFU zone
• F-1 and F-2 zones
• Psilocybin-producing fungi is recognized by
Measure 109 as a farm use and is therefore
permitted outright in EFU zones.
• Psilocybin-producing fungi must be grown
indoors.
Psilocybin Manufacturing
as a Processing Use
Allowed in:
• EFU zone.10
• F-1 and F-2 zones
•
• Manufacturing may be carried on in
conjunction with a psilocybin producing fungi
crop according to Measure 109.
Service Centers
Allowed subject to a conditional use
permit and site plan review in:
Rural Commercial
• Rural Service Centers
• Sunriver Commercial District
• Sunriver Town Center District
•Psilocybin
• Terrebonne Commercial District
• Tumalo Commercial District
Allowed as a commercial service in
Destination Resort Overlay Zone
• Hours of operation will be limited to daily
treatments.
• No option for larger retreat -style, overnight
operations.
• Service centers may not be located within 1,000
feet of elementary or secondary schools (500
feet if there is a physical or geographic barrier).
• According to DLCD interpretation, service
centers could not be a stand-alone use on EFU
land but could be allowed on EFU land through
two paths: home occupations and commercial
activity in conjunction with farm use
Psilocybin Testing
Laboratories
Allowed subject to a conditional use
permit and site plan review in:
Rural Industrial
• Tumalo Industrial
• OHA rulemaking concerning testing
requirements thus far appear in OAR 333-333-
7010 through 333-333-7150
IV. NEXT STEPS
At the conclusion of the public hearing, the Board may:
• Continue the hearing to a date certain;
• Close the hearing and leave the written record open to a date certain; or
• Close the hearing and commence deliberations.
Given the need to adopt regulations by the end of the calendar year so that they will be in place when
OHA begins accepting license applications, staff notes that emergency adoption will be required.
Attachments
1. Ordinance No. 2022-014 (Emergency) with Corresponding Exhibits:
10 DCC 18.16.025 requires the facility uses less than 10,000 square feet for its processing area and complies with all applicable
siting standards. Exception: A facility which uses less than 2,500 square feet for its processing area is exempt from any
applicable siting standards.
-8-
Exhibit A: DCC 18.04
Exhibit B: DCC 18.65
Exhibit C: DCC 18.66
Exhibit D: DCC 18.67
Exhibit E: DCC 18.74
Exhibit F: DCC 18.100
Exhibit G: DCC 18.108
Exhibit H: DCC 18.113
Exhibit I: DCC 18.116
Exhibit J: Findings
-9-
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, to Create Time,
Place, and Manner Regulations Concerning
Psilocybin Businesses in Unincorporated Deschutes
County and Declaring an Emergency.
ORDINANCE NO. 2022-014
WHEREAS, in November 2020, Ballot Measure 109, the Oregon Psilocybin Services Act, was passed by
the voters of Oregon, allowing manufacture, delivery, administration of psilocybin at supervised, licensed
facilities beginning on January 2, 2023; and
WHEREAS, the Oregon Psilocybin Services Act allowed the governing body of a city or county to adopt
ordinances to be referred to the electors of the city or county for approval at the next statewide general election
that prohibit the establishment of licensed psilocybin manufacturing or service centers ("Opt Out"); and
WHEREAS, after a duly noticed public hearing on July 13, 2022 the Board of County Commissioners
(the "Board") adopted Ordinance No. 2022-009 on August 8, 2022, prohibiting the establishment of licensed
psilocybin manufacturing or service centers within unincorporated Deschutes County; and
WHEREAS, on November 8, 2022, Deschutes County Ballot Measure 9-152, "Concerning psilocybin
manufacturing and service centers in unincorporated Deschutes County," was rejected by the electors and
therefore allowed the Oregon Health Authority to begin accepting applications for psilocybin businesses in
Deschutes County beginning January 2, 2023; and
WHEREAS, pursuant to Measure 109, the governing body of a city or county may adopt ordinances that
impose reasonable time, place, and manner regulations on the location of and operation of businesses located at
premises for which a license has been issued for a psilocybin business; and
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-22-000676-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.04,
Title, Purpose, and Definitions; Chapter 18.65, Rural Service Center; Chapter 18.66, Terrebonne Rural
Community Zoning Districts; Chapter 18.67, Tumalo Rural Community Zoning Districts; Chapter 18.74, Rural
Commercial Zone; Chapter 18.100, Rural Commercial Zone; Chapter 18.108, Urban Unincorporated Community
Zone; Sunriver; Chapter 18.113, Destination Resorts Zone; Chapter 18.116, Supplementary Provisions; to create
time, place, and manner regulations concerning psilocybin businesses in unincorporated Deschutes County; and
PAGE 1 OF 3 - ORDINANCE NO. 2022-014
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on September
29 and October 13, 2022 and forwarded to the Deschutes County Board of County Commissioners ("Board") a
unanimous recommendation of approval pending several recommendations; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on November 21, 2022
and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 18.04, Title, Purpose, and Definitions, is amended to read as
described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in strikethrough.
Section 2. AMENDMENT. Chapter 18.65, Rural Service Center, is amended to read as described in
Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
Section 3. AMENDMENT. Chapter 18.66, Terrebonne Rural Community Zoning Districts, is amended
to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 4. AMENDMENT. Chapter 18.67, Tumalo Rural Community Zoning Districts, is amended to
read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 5. AMENDMENT. Chapter 18.74, Rural Commercial Zone, is amended to read as described in
Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language
to be deleted in strikes r
Section 6. AMENDMENT. Chapter 18.100, Rural Industrial Zone, is amended to read as described in
Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language
to be deleted in strikethrough.
Section 7. AMENDMENT. Chapter 18.108, Urban Unincorporated Community Zone; Sunriver, is
amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strikethrough.
Section 8. AMENDMENT. Chapter 18.113, Destination Resorts Zone, is amended to read as described
in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
Section 9. AMENDMENT. Chapter 18.116, Supplementary Provisions, is amended to read as described
in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
PAGE 2 OF 3 - ORDINANCE NO. 2022-014
Section 10.
reference herein.
Section 11.
public peace, health,
immediately.
Dated this
ATTEST:
FINDINGS. The Board adopts as its findings, Exhibit "J" attached and incorporated by
EMERGENCY. This Ordinance being necessary for the immediate preservation of the
safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective
of
, 2022 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
Date of 1st Reading: day of
Date of 2nd Reading: day of
Commissioner
Patti Adair
Anthony DeBone
Philip Chang
Effective date:
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHILIP CHANG
, 2022.
, 2022.
Record of Adoption Vote:
Yes No Abstained Excused
day of , 2022.
PAGE 3 OF 3 - ORDINANCE NO. 2022-014
CHAPTER 18.04 TITLE, PURPOSE AND DEFINITIONS
18.04.030 Definitions
"Psilocybin" means psilocybin or psilocin.
"Psilocybin manufacture as a farm use" means the manufacture, planting, cultivation, growing,
harvesting, production, preparation, propagation, any packaging or repackaging of psilocybin-producing
fungi or labeling or relabeling of its container, provided that the psilocybin manufacturer is licensed by
the Oregon Health Authority with a psilocybin manufacturing endorsement for fungi cultivation. It does
not include psilocybin manufacture as a processing use.
"Psilocybin manufacture as a processing use" means the compounding, conversion, or processing of a
psilocybin product, either directly or indirectly by extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a combination of extraction and chemical
synthesis, provided that the psilocybin manufacturer is licensed by the Oregon Health Authority with a
psilocybin manufacturing endorsement for psilocybin extraction and/or edible psilocybin production.
"Psilocybin premises" includes the following areas of a location licensed under ORS 475A.210 to
475A.722:
A. All public and private enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, rest rooms and storerooms;
B. All areas outside a building that the Oregon Health Authority has specifically licensed for the
manufacturing of psilocybin products or the operation of a psilocybin service center; and
C. For a location that the authority has specifically licensed for the operation of a psilocybin
service center outside a building, that portion of the location used to operate the psilocybin
service center and provide psilocybin services to clients.
"Psilocybin premises" does not include a primary residence.
"Psilocybin-producing fungi" is:
A. A crop for the purposes of "farm use" as defined in ORS 215.203;
B. A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
C. A product of farm use as described in ORS 308A.062; and
D. The product of an agricultural activity for purposes of ORS 568.909.
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
"Psilocybin products" means psilocybin-producing fungi, mycelium and mixtures or substances
containing a detectable amount of psilocybin, including whole fungi, homogenized fungi, psilocybin
extract and edible psilocybin products. "Psilocybin products" does not include psilocybin services.
"Psilocybin service center" means an establishment licensed by the Oregon Health Authority:
A. At which administration sessions are held; and
B. At which other psilocybin services may be provided.
HISTORY
Adopted by 0
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
Amended by
rd. PL-15 on 11/1/1979
Ord. 82-013 §1 on 5/25/1982
Ord. 83-037 §2 on 6/1/1983
Ord. 83-033 §1 on 6/15/1983
Ord. 84-023 §1 on 8/1/1984
Ord. 85-002 §2 on 2/13/1985
Ord. 86-032 §1 on 4/2/1986
Ord. 86-018 §1 on 6/30/1986
Ord. 86-054 §1 on 6/30/1986
Ord. 86-056 §2 on 6/30/1986
Ord. 87-015 §1 on 6/10/1987
Ord. 88-009 §1 on 3/30/1988
Ord. 88-030 §3 on 8/17/1988
Ord. 88-030 §4 on 8/17/1988
Ord. 89-004 §1 on 3/24/1989
Ord. 89-009 §2 on 11/29/1989
Ord. 90-014 §2 on 7/12/1990
Ord. 91-002 §11 on 2/6/1991
Ord. 91-005 §1 on 3/4/1991
Ord. 92-025 §1 on 4/15/1991
Ord. 91-020 §1 on 5/29/1991
Ord. 91-038 §§3 and 4 on 9/30/1991
Ord. 92-004 §§1 and 2 on 2/7/1992
Ord. 92-034 §1 on 4/8/1992
Ord. 92-065 §§1 and 2 on 11/25/1992
Ord. 92-066 §1 on 11/25/1992
Ord. 93-002 §§1, 2 and 3 on 2/3/1993
Ord. 93-005 §§1 and 2 on 4/21/1993
Ord. 93-038 §1 on 7/28/1993
Ord. 93-043 §§1, 1A and 1B on 8/25/1993
Ord. 94-001 §§1, 2, and 3 on 3/16/1994
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 6/8/1994
Amended by Ord. 94-041 §§2 and 3 on 9/14/1994
Amended by Ord. 94-038 §3 on 10/5/1994
Amended by Ord. 94-053 §1 on 12/7/1994
Amended by Ord. 95-007 §1 on 3/1/1995
Amended by Ord. 95-001 §1 on 3/29/1995
Amended by Ord. 95-075 §1 on 11/29/1995
Amended by Ord. 95-077 §2 on 12/20/1995
Amended by Ord. 96-003 §2 on 3/27/1996
Amended by Ord. 96-082 §1 on 11/13/1996
Amended by Ord. 97-017 §1 on 3/12/1997
Amended by Ord. 97-003 §1 on 6/4/1997
Amended by Ord. 97-078 §5 on 12/31/1997
Amended by Ord. 2001-037 §1 on 9/26/2001
Amended by Ord. 2001-044 §2 on 10/10/2001
Amended by Ord. 2001-033 §2 on 10/10/2001
Amended by Ord. 2001-048 §1 on 12/10/2001
Amended by Ord. 2003-028 §1 on 9/24/2003
Amended by Ord. 2004-001 §1 on 7/14/2004
Amended by Ord. 2004-024 §1 on 12/20/2004
Amended by Ord. 2005-041 §1 on 8/24/2005
Amended by Ord. 2006-008 §1 on 8/29/2006
Amended by Ord. 2007-019 §1 on 9/28/2007
Amended by Ord. 2007-020 §1 on 2/6/2008
Amended by Ord. 2007-005 §1 on 2/28/2008
Amended by Ord. 2008-015 §1 on 6/30/2008
Amended by Ord. 2008-007 §1 on 8/18/2008
Amended by Ord. 2010-018 §3 on 6/28/2010
Amended by Ord. 2010-022 §1 on 7/19/2010
Amended by Ord. 2011-009 §1 on 10/17/2011
Amended by Ord. 2012-004 §1 on 4/16/2012
Amended by Ord. 2012-007 §1 on 5/2/2012
Amended by Ord. 2013-008 §1 on 7/5/2013
Amended by Ord. 2014-009 §1 on 8/6/2014
Amended by Ord. 2015-004 §1 on 4/22/2015
Amended by Ord. 2016-015 §1 on 7/1/2016
Amended by Ord. 2016-026 §1 on 11/9/2016
Amended by Ord. 2016-006 §1 on 2/27/2017
Amended by Ord. 2017-015 §1 on 11/1/2017
Repealed by Ord. 2018-005 §8 on 10/10/2018
Amended by Ord. 2018-006 §4 on 11/20/2018
Amended by Ord. 2019-010 §1 on 5/8/2019
Amended by Ord. 2019-016 §1 on 2/24/2020
Amended by Ord. 2020-001 §1 on 4/21/2020
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
Amended by Ord. 2020-010 §1 on 7/3/2020
Amended by Ord. 2020-007 §7 on 10/27/2020
Amended by Ord. 2021-013 §3 on 4/5/2022
Amended by Ord. 2022-014 §1 on x/x/2022
Exhibit A to Ordinance No. 2022-014 Chapter 18.04 (11/22)
CHAPTER 18.65 RURAL SERVICE CENTER; UNINCORPORATED COMMUNITY ZONE
18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt)
18.65.021 Alfalfa RSC; Commercial/Mixed Use District
18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And
Wildhunt)
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,
subject to applicable provisions of this chapter:
1. Single-family dwelling.
2. Manufactured home, subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and residential facility.
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hog or mink farms.
7. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
8. Class III road and street project.
9. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
6. Highway maintenance facility.
7. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
8. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject
to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. Multi -family dwelling with three or more units.
2. School.
3. Cemetery.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Medical clinic or veterinary clinic.
6. Community Center.
7. Manufactured home park.
8. Recreational vehicle or trailer park.
9. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-002 §2 on 6/5/2002
Amended by Ord. 2002-028 §1 on 7/24/2002
Amended by Ord. 2004-002 §11 on 4/28/2004
Amended by Ord. 2015-004 §2 on 4/22/2015
Amended by Ord. 2016-015 §4 on 7/1/2016
Amended by Ord. 2018-006 §8 on 11/20/2018
Amended by Ord. 2020-001 §6 on 4/21/2020
Amended by Ord. 2022-014 §2 on x/x/2022
18.65.021 Alfalfa RSC; Commercial/Mixed Use District
In Alfalfa, the following uses and their accessory uses are permitted:
A. Uses Permitted Outright.
1. Single-family dwelling.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
2. Manufactured home, subject to DCC 18.116.070
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Residential home and residential facility.
5. Two-family dwelling or duplex.
6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard,
and hog or mink farms.
7. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
8. Class III road and street project.
9. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions and DCC 18.124, Site Plan Review, of this title:
1. Retail store, business office and/or commercial establishment in a building or buildings
each not exceeding 4,000 square feet of floor space. The aggregate area for any one
type of use that takes place in multiple buildings may not exceed 4,000 square feet.
2. Residential use in conjunction with a permitted commercial use.
3. Park or playground.
4. Community building.
5. Public or semipublic building or use.
6. Marijuana wholesaling, office only. There shall be no storage of marijuana items or
products at the same location.
7. Religious institutions or assemblies.
C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject
to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use, of this title:
1. School.
2. Cemetery.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Medical clinic or veterinary clinic.
5. Community Center.
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
6. Recreational vehicle or trailer park.
7. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A).
8. Marijuana retailing, subject to the provisions of DCC 18.116.330.
9. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-002 §2 on 6/5/2002
Amended by Ord. 2018-006 §8 on 11/20/2018
Amended by Ord. 2020-001 §6 on 4/21/2020
Amended by Ord. 2022-014 §2 on x/x/2022
Exhibit B to Ordinance No. 2022-014 Chapter 18.65 (11/22)
CHAPTER 18.66 TERREBONNE RURAL COMMUNITY ZONING DISTRICTS
18.66.040 Commercial (TeC) District
18.66.040 Commercial (TeC) District
The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial
uses to serve the community and surrounding rural area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997.
2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC
18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.66.070 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248:
1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any
combination of the following uses:
a. Retail or service business.
b. Eating or drinking establishment.
c. Offices.
d. Veterinary clinic and kennel entirely within an enclosed building.
e. Residential use in the same building as a use permitted by DCC 18.66.040(6)(1).
f. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000
square feet of floor area in a building or buildings, subject to provisions of DCC
18.66.040(E).
3. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128:
1. Motel, with a maximum of 35 units, only if served by a community sewer system as
defined in OAR 660-22-010(2).
2. Recreational vehicle park.
3. Religious institutions or assemblies.
4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
5. Public or private school.
6. Park.
7. Public or semi-public building.
8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space.
9. Utility facility.
10. Water supply or treatment facility.
11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding
4,000 square feet of floor space.
12. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of
floor space with no exterior displays or storage of industrial equipment, industrial
vehicles or industrial products:
a. Manufacturing and production.
b. Wholesale sales.
c. Mini -storage.
13. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
14. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
15. Marijuana retailing, subject to the provisions of DCC 18.116.330.
16. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
HISTORY
Adopted by Ord. 97-003 §2 on 6/4/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2004-002 §15 on 4/28/2004
Amended by Ord. 2015-004 §3 on 4/22/2015
Amended by Ord. 2016-015 §5 on 7/1/2016
Amended by Ord. 2020-001 §7 on 4/21/2020
Amended by Ord. 2020-010 §3 on 7/3/2020
Amended by Ord. 2021-004 §3 on 5/27/2021
Amended by Ord. 2022-014 §3 on x/x/2022
Exhibit C to Ordinance No. 2022-014 Chapter 18.66 (11/22)
CHAPTER 18.67 TUMALO RURAL COMMUNITY ZONING DISTRICTS
18.67.040 Commercial (TuC) District
18.67.060 Industrial (Tul) District
18.67.040 Commercial (TuC) District
The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to
serve the community and surrounding area.
A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not
require site plan review.
1. Single-family dwelling or duplex.
2. Manufactured home subject to DCC 18.116.070.
3. Type 1 Home Occupation, subject to DCC 18.116.280.
4. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.67.060 and 18.116.230.
5. Class III road or street project.
6. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124:
1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be
used by any combination of the following uses:
a. Retail or service business.
b. Eating and/or drinking establishment.
c. Offices.
d. Residential use in the same building as a use permitted in DCC 18.67.040.
e. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square
feet of floor area in a building subject to the provisions of DCC 18.67.040(E).
3. Child care facility and/or preschool.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Religious institutions or assemblies.
2. Bed and breakfast inn.
3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
4. Park.
5. Public or semi-public building.
6. Utility facility.
7. Water supply or treatment facility.
8. Manufactured home/RV park on a parcel in use as a manufactured home park or
recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of
June 12, 1996 as a manufactured home park or recreational vehicle park, including any
expansion of such uses on the same parcel as configured on June 12, 1996.
9. The following uses and their accessory uses may be conducted in a building or buildings
not to exceed 4,000 square feet of floor space.
a. Farm equipment, sales, service or repair.
b. Trailer sales, service or repair.
c. Vehicle service or repair.
d. Veterinary clinic.
10. The following uses may be conducted in a building or buildings not to exceed 10,000
square feet of floor space:
a. Manufacturing or production.
b. Wholesale sales.
c. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
12. Surface mining of mineral and aggregate resources in conjunction with the operation
and maintenance of irrigation systems operated by an Irrigation District, including the
excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and
sale of excavated material.
13. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
HISTORY
Adopted by Ord. 97-033 §2 on 6/25/1997
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2000-033 §11 on 12/6/2000
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §8 on 12/12/2001
Amended by Ord. 2004-002 §19 on 4/28/2004
Amended by Ord. 2004-013 §7 on 9/21/2004
Amended by Ord. 2015-004 §5 on 4/22/2015
Amended by Ord. 2016-015 §6 on 7/1/2016
Amended by Ord. 2020-001 §8 on 4/21/2020
Amended by Ord. 2020-010 §4 on 7/3/2020
Amended by Ord. 2021-004 §4 on 5/27/2021
Amended by Ord. 2021-013 §8 on 4/5/2022
Amended by Ord. 2022-014 §4 on x/x/2022
18.67.060 Industrial (Tul) District
The purpose of the Industrial District is to allow a limited range of industrial uses to serve the
community and the surrounding area.
A. Uses permitted outright. The following uses and their accessory uses are permitted outright:
1. Industrial uses in existence on the date of adoption of the Unincorporated Communities
rule, OAR 660-022 (October 28, 1994);
2. Office buildings associated with industrial uses in existence on the date of adoption of
the Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
3. Restaurants and cafeteria facilities associated with industrial uses in existence on the
date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28,
1994);
4. Residence for caretaker or night watchman on property with industrial uses in existence
on the date of adoption of the Unincorporated Communities rule, OAR 660-022
(October 28, 1994);
5. Equipment storage associated with industrial uses in existence on the date of adoption
of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994);
6. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards of DCC 18.67.080 and 18.116.230.
7. Class III road or street project.
8. Operation, maintenance, and piping of existing irrigation systems operated by an
Irrigation District except as provided in DCC 18.120.050.
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are
permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the
applicable provisions of DCC 18.67, 18.116, and 18.124.
1. Expansion or replacement of uses allowed under DCC 18.67.060(A);
2. Office buildings associated with industrial uses;
3. Restaurant and cafeteria facilities associated with industrial uses;
4. Residence for caretaker or night watchman on property with industrial uses;
5. Equipment storage associated with industrial uses;
6. Primary processing, packaging, treatment, bulk storage and distribution of the following
products:
a.Agricultural products, including foodstuffs, animal and fish products, and animal
feeds.
b.Ornamental horticultural products and nurseries.
c. Softwood and hardwood products excluding pulp and paper manufacturing.
d.Sand, gravel, clay and other mineral products.
7. Freight depot, including the loading, unloading, storage and distribution of goods and
materials by railcar or truck;
8. Contractor's or building materials business and other construction -related business
including plumbing, electrical, roof, siding, etc.;
9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a
building or all outside storage is enclosed by site -obscuring fencing.
10. Mini -storage facility.
11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials
associated with farm and forest uses, logging, road maintenance, mineral extraction,
construction or similar rural activities;
12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a
building or buildings is subject to the provisions of DCC 18.67.060(C) and (D).
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.116, 18.124, and 18.128:
1. Any use permitted by DCC 18.67.060(B) which will exceed 40,000 square feet of floor
area;
2. Concrete or ready mix plant;
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
3. Stockpiling, storage, crushing and processing of minerals, including the processing of
aggregate into asphaltic concrete or Portland Cement Concrete;
4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above
uses to be carried on.
5. Marijuana retailing, subject to the provisions of DCC 18.116.330.
6. Psilocybin testing laboratories.
HISTORY
Adopted by Ord. 2005-016 §1 on 4/27/2005
Amended by Ord. 2015-004 §6 on 4/22/2015
Amended by Ord. 2016-015 §6 on 7/1/2016
Amended by Ord. 2021-004 §4 on 5/27/2021
Amended by Ord. 2022-014 §4 on x/x/2022
Exhibit D to Ordinance No. 2022-014 Chapter 18.67 (11/22)
CHAPTER 18.74 RURAL COMMERCIAL ZONE
18.74.020 Uses Permitted; Deschutes Junction And Deschutes River Woods Store
18.74.025 Uses Permitted; Spring River
18.74.027 Uses Permitted; Pine Forest And Rosland
18.74.020 Uses Permitted; Deschutes Junction And Deschutes River Woods Store
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and
do not require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18. 1 16. 070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC 18. 1 16. 280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land partition or
subdivision, or subject to the standards and criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted,
not otherwise permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
h. Antique, art, craft, novelty and second hand sales if conducted completely
within an enclosed building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair garage, towing service, fuel storage and
sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of
11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or
25 percent of the size of the building as of said date, whichever is greater.
C. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary
Provisions, and DCC 18.124, Site Plan Review, of this title:
1. Child care facility and/or preschool.
D. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
e. School.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Marijuana retailing, subject to the provisions of DCC 18.116.330.
5. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2002-019 §2 on 8/7/2002
Amended by Ord. 2004-002 §20 on 4/28/2004
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-001 §9 on 4/21/2020
Amended by Ord. 2020-010 §5 on 7/3/2020
Amended by Ord. 2021-013 §9 on 4/5/2022
Amended by Ord. 2022-014 §5 on x/x/2022
18.74.025 Uses Permitted; Spring River
A. Uses Permitted subject to Site Plan Review.
1. Retail/rental store, office, or service establishment.
a. Use Limitations. Each use in section (A)(1) shall not exceed 2,500 square feet of
building floor space on a single lot.
b. Building Limitations. For (A)(1) uses, if multiple buildings are located on a single
lot, the total square feet of floor space for each building shall not exceed 2,500
square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124,
apply to retail/rental store, office or service establishments, including but not
limited to the following uses and their accessory uses:
1. Fishing supplies and equipment.
2. Snowmobiling accessories.
3. Marine accessories.
4. General store.
5. Hardware store.
6. Convenience store with gas pumps.
7. Eating and drinking establishment.
8. Recreational rental equipment store.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
9. Excavation business.
10. Landscaping business/service.
11. Health care service.
12. Beauty shop.
13. Video store.
14. Post office.
15. Party supply.
16. Equipment sales and rental.
17. Appliance store.
18. Bank.
19. Exterminator.
20. Private mailing and packaging store.
21. Bakery.
d. Expansion of a nonconforming use listed in section (A)(1), existing as of
11/05/02, the date this chapter was adopted, shall be limited to 2,500 square
feet or 25 percent of the size of the building as of said date, whichever is
greater.
2. Pet, livestock supply and farm machinery sales and repair.
a. Use Limitations. Each use in section (A)(2) shall not exceed 3,500 square feet of
building floor space on a single lot, whether the use is contained within a single
or multiple buildings.
b. Building Limitation. For section (A)(2) uses, if multiple buildings are located on a
single lot, the total square feet of floor space for each building shall not exceed
3,500 square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124,
apply to the following uses and their accessory uses, and any combination of
these uses:
1. Pet and livestock supply
2. Farm machinery sales and repair.
d. Expansion of a nonconforming use listed in section (A)(2), existing as of
11/05/02, the date this chapter was adopted, shall be limited to 3,500 square
feet of floor space or 25 percent of the size of the building as of said date,
whichever is greater.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
B. Conditional Uses.
1. Use Limitations. Each use in section (B) shall not exceed 2,500 square feet of building
floor space on a single lot, whether the use is contained within a single or multiple
buildings.
2. Buildings Limitations. Each use in section (B) shall not exceed 2,500 square feet of
building floor space on a single lot.
3. The applicable provisions of this chapter, along with DC 18.116.124 and 18.128, apply to
the following uses and their accessory uses:
a. Full service gas station with automobile repair services.
b. Welding shop.
c. Mini -storage units
d. Marijuana retailing, subject to the provisions of DCC 18.116.330.
e. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
4. Expansion of a nonconforming use listed in section B, existing as of 11/05/02, the date
this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size
of the building as of said date, whichever is greater.
HISTORY
Amended by Ord. 96-023 §1 on 3/20/1996
Amended by Ord. 96-046 §1 on 7/3/1996
Amended by Ord. 97-015 §1 on 3/26/1997
Amended by Ord. 2002-019 §2 on 8/7/2002
Amended by Ord. 2006-008 §7 on 8/29/2006
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-017 §1 on 1/29/2021
Amended by Ord. 2022-014 §5 on x/x/2022
18.74.027 Uses Permitted; Pine Forest And Rosland
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by
any combination of the following uses that serve the surrounding rural area or the travel
needs of persons passing through the area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
c. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500
square feet or 25 percent of the size of the building (or portion of the building) housing
the nonconforming use as of said date, whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by
any combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel
sales.
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500
square feet each or 25 percent of the size of the building (or portion of the building)
housing the nonconforming use as of said date, whichever is greater.
5. Child care facility and/or preschool.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the
applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by
any of the following uses:
a. Home occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) or (B).
d. Religious institutions or assemblies.
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
e. School.
f. Marijuana retailing, subject to the provisions of DCC 18.116.330.
2. Recreational vehicle park.
3. Mini -storage facilities limited to 35,000 square feet in size.
4. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2003-080 §1 on 1/6/2004
Amended by Ord. 2007-007 §1 on 3/5/2007
Amended by Ord. 2008-008 §1 on 3/18/2008
Amended by Ord. 2015-004 §7 on 4/22/2015
Amended by Ord. 2016-015 §7 on 7/1/2016
Amended by Ord. 2020-001 §9 on 4/21/2020
Amended by Ord. 2020-010 §5 on 7/3/2020
Amended by Ord. 2022-014 §5 on x/x/2022
Exhibit E to Ordinance No. 2022-014 Chapter 18.74 (11/22)
CHAPTER 18.100 RURAL INDUSTRIAL ZONE; R-I
18.100.020 Conditional Uses
18.100.020 Conditional Uses
The following uses may be allowed subject to DCC 18.128:
A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling,
a lot within a platted subdivision or a residential zone.
B. Any use permitted by DCC 18.100.010, which involves open storage.
C. Concrete or ready -mix plant.
D. Petroleum products storage and distribution.
E. Storage, crushing and processing of minerals, including the processing of aggregate into
asphaltic concrete or Portland Cement Concrete.
F. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
G. Railroad trackage and related facilities.
H. Pulp and paper manufacturing.
I. Any use permitted by DCC 18.100.010, which is expected to exceed the following standards:
1. Lot coverage in excess of 70 percent.
2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible
without instruments 500 feet from the property line of the subject use.
J. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork,
feathers, felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax,
wire, wood, rubber, yarn or similar materials, provided such uses do not create a disturbance
because of odor, noise, dust, smoke, gas, traffic or other factors.
K. Processing, packaging and storage of food and beverages including those requiring distillation
and fermentation.
L. Public Landfill Transfer Station, including recycling and other related activities.
M. Mini -storage facility.
N. Automotive wrecking yard totally enclosed by a sight -obscuring fence.
O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
P. Utility facility.
Exhibit F to Ordinance No. 2022-014 Chapter 18.100 (11/22)
Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials
associated with farm and forest uses, logging, road maintenance, mineral extraction,
construction or similar rural activities.
R. Electrical substations.
S. Marijuana retailing, subject to the provisions of DCC 18.116.330.
T. Psilocybin testing laboratories.
HISTORY
Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 86-018 §15 on 6/30/1986
Amended by Ord. 90-014 §38 on 7/12/1990
Amended by Ord. 91-020 §1 on 5/29/1991
Amended by Ord. 91-038 §1 on 9/30/1991
Amended by Ord. 97-063 §3 on 11/12/1997
Amended by Ord. 2001-016 §2 on 3/28/2001
Amended by Ord. 2001-039 §12 on 12/12/2001
Amended by Ord. 2002-126 §1 on 12/11/2002
Amended by Ord. 2004-013 §10 on 9/21/2004
Amended by Ord. 2016-015 §8 on 7/1/2016
Amended by Ord. 2018-006 §12 on 11/20/2018
Amended by Ord. 2021-004 §5 on 5/27/2021
Amended by Ord. 2022-014 §6 on x/x/2022
Exhibit F to Ordinance No. 2022-014 Chapter 18.100 (11/22)
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.050 Commercial; C District
18.108.055 Town Center; TC District
18.108.050 Commercial; C District
A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are
permitted outright in the C district.
1. Recreational path.
2. Ambulance service.
3. Library.
4. Religious institutions or assemblies.
5. Bus stop.
6. Community center.
7. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Retail/rental store, office and service establishment.
b. Art galleries
c. Dry cleaner and/or self-service laundry establishment.
d. Radio and television sales and service.
e. Radio and television broadcasting studios and facilities, except towers.
f. Restaurant, bar and cocktail lounge, including entertainment.
g. Automobile service station.
h. Technical and business school.
i. Catering establishment.
j•
Crafts in conjunction with retail sales (occurring on premises, such as stained
glass/pottery, etc.).
k. Medical and dental clinic, office and laboratory.
I. Theater not exceeding 4,000 square feet of floor area.
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
m. Marijuana wholesaling, office only. There shall be no storage of marijuana items
or products at the same location.
8. Multiple -family residential dwelling units, subject to the provisions of DCC
18.108.050(C)(1).
9. Residential dwelling units constructed in the same building as a commercial use, subject
to the provisions of DCC 18.108.050(C)(2).
10. Post Office.
11. Administrative and office facility associated with a community association or community
use.
12. Police facility.
B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC
18.128 and a conditional use permit.
1. Public buildings and public utility buildings and structures.
2. Club, lodge or fraternal organization.
3. Commercial off-street parking lot.
4. Bus passenger station.
5. Interval ownership and/or time-share unit or the creation thereof.
6. Miniature golf.
7. Bed and breakfast inn.
8. Inn.
9. Residential facility.
10. A building or buildings each not exceeding 8,000 square feet of floor space housing any
combination of:
a. Bowling alley.
b. Car wash.
c. Dancing or music school, nursery school, kindergarten and day-care facility.
d. Theater exceeding 4,000 square feet in floor area.
e. Veterinary clinic or kennel operated entirely within an enclosed building.
f. Automotive repair and maintenance garage, or tire store, provided the business
is wholly conducted within an enclosed building.
g. Marijuana retailing, subject to the provisions of DCC 18.116.330.
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997
Amended by Ord. 98-016 §1 on 3/11/1998
Amended by Ord. 2003-026 §1 on 7/9/2003
Amended by Ord. 2015-004 §9 on 4/22/2015
Amended by Ord. 2016-015 §9 on 7/1/2016
Amended by Ord. 2020-001 §12 on 4/21/2020
Amended by Ord. 2022-014 §7 on x/xx/2022
18.108.055 Town Center; TC District
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in
the TC District.
1. Park or plaza.
2. Library.
3. Community center.
4. Visitors center.
5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless
approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the
following uses:
a. Retail/rental store, office, civic and service establishment.
b. Grocery store.
c. Art gallery.
d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment.
e. Health care service including medical and dental clinic, office, pharmacy, and
laboratory but excluding nursing homes.
f. Health & fitness facility.
g. Barber, beauty shop or spa.
h. Child care center, preschool and daycare facility.
i. Bank.
j. Post office.
k. Veterinary clinic (without animal boarding facilities).
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
I. Crafts in conjunction with retail sales (occurring on premises such as sculpture,
stained glass, pottery, etc.).
m. Meeting room, convention and banquet facility.
n. Property sales, mortgage, management or rental office.
o. Movie theater.
6. Multi -family Residential, subject to paragraphs (E)(1) and (2).
7. Developed recreational facilities, outdoors or in a building or buildings each not
exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use
pursuant to DCC 18.108.055(C), including, but not limited to the following facilities:
a. Indoor and outdoor swimming pools.
b. Ice skating rink.
c. Indoor and outdoor tennis courts.
d. Indoor and outdoor basketball court or other ball field.
e. Physical fitness facilities.
f. Park, playground and picnic and barbeque area.
g. Walkways, bike paths, jogging paths.
h. Bowling alley.
i. Arcade.
8. Hotel with up to 100 hotel units in a single building.
9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000
square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or
recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large
scale uses pursuant to DCC 18.108.055(C).
10. Residential Facility.
11. Senior housing/assisted living or active adult development, excluding nursing homes.
12. Townhomes, subject to paragraphs (E)(1) and (2).
13. Accessory uses to uses permitted outright, including, but not limited to, parking
facilities, private roads, storage facilities, trash receptacles and recycling areas.
14. Similar uses to those allowed outright, provided they are approved by the County in the
decision approving the Conceptual Site Plan described in DCC 18.108.055(K).
15. Religious institutions or assemblies.
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the
provisions of DCC 18.128, Conditional Use Permits.
1. Public buildings and public utility buildings and structures.
2. Bed and breakfast inn.
3. Ambulance service.
4. Fire station.
5. Police station.
6. Bus passenger station.
7. Live/work residence.
8. Stand-alone parking structure.
9. Accessory uses to the above -listed conditional uses.
10. Marijuana retailing, subject to the provisions of DCC 18.116.330.
11. Psilocybin service centers, subject to the provisions of DCC 18.116.380.
HISTORY
Adopted by Ord. 2008-015 §2 on 6/30/2008
Amended by Ord. 2015-004 §9 on 4/22/2015
Amended by Ord. 2016-015 §9 on 7/1/2016
Amended by Ord. 2020-001 §12 on 4/21/2020
Amended by Ord. 2022-014 §7 on x/xx/2022
Exhibit G to Ordinance No. 2022-014 Chapter 18.108 (11/22)
CHAPTER 18.113 DESTINATION RESORTS ZONE; DR
18.113.030 Uses In Destination Resorts
18.113.030 Uses In Destination Resorts
The following uses are allowed, provided they are part of, and are intended to serve persons at, the
destination resort pursuant to DCC 18.113.030 and are approved in a final master plan:
A. Visitor -oriented accommodations designed to provide for the needs of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time
share units and similar transient lodging facilities;
2. Convention and conference facilities and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating and drinking establishments; and
5. Other similar visitor -oriented accommodations consistent with the purposes of DCC
18.113 and Goal 8.
B. Developed recreational facilities designed to provide for the needs of visitors and residents of
the resort;
1. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths, jogging paths, equestrian trails;
8. Other similar recreational facilities consistent with the purposes of DCC 18.113 and Goal
8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and multi -family dwellings;
3. Condominiums;
4. Townhouses;
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
5. Living quarters for employees;
6. Time-share projects.
D. Commercial services and specialty shops designed to provide for the visitors to the resort:
1. Specialty shops, including but not limited to delis, clothing stores, bookstores, gift shops
and specialty food shops;
2. Barber shops/beauty salons;
3. Automobile service stations limited to fuel sales, incidental parts sales and minor
repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores;
7. Psilocybin service centers licensed by the Oregon Health Authority;
7,8. Other similar commercial services which provide for the needs of resort visitors and are
consistent with the purposes of DCC 18.113 and Goal 8.
E. Uses permitted in open space areas generally include only those uses that, except as specified
herein, do not alter the existing or natural landscape of the proposed open space areas. No
improvements, development or other alteration of the natural or existing landscape shall be
allowed in open space areas, except as necessary for development of golf course fairways and
greens, hiking and bike trails, lakes and ponds and primitive picnic facilities including park
benches and picnic tables. Where farming activities would be consistent with identified
preexisting open space uses, irrigation equipment and associated pumping facilities shall be
allowed.
F. Facilities necessary for public safety and utility service within the destination resort.
G. Other similar uses permitted in the underlying zone consistent with the purposes of DCC
18.113.030.
H. Accessory Uses in Destination Resorts:
1. The following accessory uses shall be permitted provided they are ancillary to the
destination resort and consistent with the purposes of DCC 18.113 and Goal 8:
a. Transportation -related facilities excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors only;
e. Recycling and garbage collection facilities;
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
f. A psilocybin product manufacturer licensed by the Oregon Health Authority, so
long as the use is in conjunction with a psilocybin service center;
fg. Other similar accessory uses consistent with the purposes of DCC 18.113 and
Goal 8.
HISTORY
Adopted by Ord. 92-004 §13 on 2/7/1992
Amended by Ord. 2022-014 §8 on x/x/2022
Exhibit H to Ordinance No. 2022-014 Chapter 18.113 (11/22)
CHAPTER 18.116 SUPPLEMENTARY PROVISIONS
18.116.380 Psilocybin Manufacturing, Service Centers, and Testing Laboratories
18.116.380 Psilocybin Manufacturing, Service Centers, and Testing Laboratories
A. Applicability. Section 18.116.380 applies to:
1. Psilocybin Manufacture as a Farm Use in the EFU, F-1, and F-2 zones.
2. Psilocybin Manufacture as a Processing Use in the EFU, F-1, and F-2 zones.
3. Psilocybin Service Centers in the EFU, RC, RSC, SUC, SUTC, TeC, and TuC zones.
4. Psilocybin Testing Laboratories in the RI and Tul zone.
B. Psilocybin Manufacture as a Farm Use. Psilocybin manufacture as a farm use shall be subject to
the following standards:
1. Indoor Fungi Cultivation. Psilocybin-producing fungi must be grown indoors. Fungi
cultivation is prohibited in any outdoor area.
2. Setbacks. Setback requirements shall be applied from the underlying zone.
3. Separation distances.
a. Psilocybin manufacture as a farm use shall be located a minimum of 1,000 feet
from:
(1) A public elementary or secondary school for which attendance is
compulsory under ORS 339.020; or
(2) A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a); and
b. Notwithstanding DCC 18.116.380(D)(3)(a), psilocybin manufacture as a farm use
may be located within 1,000 feet of a school if:
(1) The psilocybin service center is not located within 500 feet of:
i. A public elementary or secondary school for which attendance
is compulsory under ORS 339.020; or
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a).
(2) The Oregon Health Authority determines that there is a physical or
geographic barrier capable of preventing children from traversing to the
premises of the psilocybin manufacture as a farm use.
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
4. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
(1) A new dwelling used in conjunction with a psilocybin-producing fungi
crop;
(2) A farm stand, as described in DCC 18.16.038(C), used in conjunction
with a psilocybin-producing fungi crop.
C. Psilocybin Manufacture as a Processing Use. Psilocybin manufacture as a processing use shall be
subject to the standards in DCC 18.16.025(1).
D. Psilocybin service centers. Psilocybin service centers shall be subject to the following standards:
1. Co -Location. The operation of a psilocybin service center may be carried on in
conjunction with a psilocybin-producing fungi crop in the Exclusive Farm Use zone
subject to either DCC 18.16.030(E) or 18.16.030(M).
2. Prohibited Uses.
a. In zones other than Exclusive Farm Use zone, a psilocybin service center as a
Home Occupation or Commercial Activity in Conjunction with Farm Use.
3. Separation distances.
a. Psilocybin service centers shall be located a minimum of 1,000 feet from:
(1) A public elementary or secondary school for which attendance is
compulsory under ORS 339.020; or
(2) A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a)
b. Notwithstanding DCC 18.116.380(D)(3)(a), a psilocybin service center may be
located within 1,000 feet of a school if:
(1) The psilocybin service center is not located within 500 feet of:
i. A public elementary or secondary school for which attendance
is compulsory under ORS 339.020; or
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030 (1)(a); and
(2) The Oregon Health Authority determines that there is a physical or
geographic barrier capable of preventing children from traversing to the
premises of the psilocybin service center.
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
4. Setbacks. Setback requirements shall be applied from the underlying zone.
5. Hours of Operation. Hours of operation shall be no earlier than 6:00 a.m. and no later
than 11:59 p.m. on the same day, unless a facilitator determines that it is appropriate to
continue an administration session beyond 11:59 PM local time, subject to the
requirements in OAR 333-333-5250(3).
HISTORY
Adopted by Ord. 2022-014 §9 on x/x/2022
Exhibit I to Ordinance No. 2022-014 Chapter 18.116 (11/22)
FINDINGS
I. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The
primary purpose of the amendments is to create time, place, and manner regulations concerning
psilocybin manufacturing, service centers, and testing laboratories. A brief summary of the
amendments are as follows:
• DCC 18.04.030: Adds new definitions for terms relating to psilocybin.
• DCC 18.65 Rural Service Center, 18.66 Terrebonne Rural Community, 18.67 Tumalo Rural
Community, 18.74 Rural Commercial, 18.108 Sunriver Urban Unincorporated Community:
Adds psilocybin service centers as a conditional use with site plan review
• DCC 18.113.030 Destination Resorts: Adds psilocybin service centers to allowable uses in
destination resorts
• DCC 18.67 Tumalo Rural Community, 18.100 Rural Industrial: Adds psilocybin testing
laboratories as a conditional use with site plan review
• DCC 18.116.380: Adds a new chapter creating time, place, and manner criteria for psilocybin
manufacture as farm use; psilocybin manufacture as a processing use; psilocybin service
centers.
II. BACKGROUND
On November 3, 2020, Oregon voters approved Ballot Measure 109, the Psilocybin Program
Initiative, which legalized psilocybin in Oregon subject to the criteria noted in the measure and
subsequent rulemaking.
Measure 109 automatically opts cities and counties into the psilocybin program, which first
underwent a two-year development period, and is slated to begin statewide on January 2, 2023.
However, Measure 109 offers the option for cities and counties to opt out via a ballot measure in
the next general election —in this case, November 8, 2022.
On June 1, 2022, staff provided the Board of County Commissioners (Board) with an overview of
Measure 109.1 During the discussion, staff noted the compressed timeline: Oregon Health Authority
(OHA), which administers the program and the licensing system, was engaged in rulemaking
1 https://www.deschutes.org/bcc/page/board-commissioners-meeting
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throughout late 2021 and all of 2022, with completion anticipated by December 2022, yet OHA is
due to begin accepting applications for licenses on January 2, 2023. OHA licenses will require a Land
Use Compatibility Statement (LUCS) to be issued by the County. This timeline placed the Board —as
well as the industry and the public —in a difficult position of not knowing key aspects of the program
in advance of the program beginning.
On July 13, 2022, the Board of County Commissioners conducted an afternoon and evening hearing
to consider Ordinance No. 2022-009, Referring a Measure to the Electors to Prohibit Product
Manufacturers and Psilocybin Service Center Operators within Unincorporated Deschutes County.2
The Board deliberated on the matter on July 20 and adopted a first reading of Ordinance No. 2022-
009; second reading occurred on August 8. The opt -out measure was subject to Deschutes County
voters for the November 8, 2022 General Election, at which time the voters overturned the opt out.
Measure 109—and the corresponding Oregon Revised Statute 475A.530—allows cities and counties
to adopt "reasonable regulations" for time, place, and manner (TPM) concerning psilocybin
businesses. During deliberation the Board expressed interest in developing TPM amendments in
the event voters reject prohibiting psilocybin manufacturing and psilocybin service centers in the
unincorporated county. Amendments could be adopted by the end of the calendar year, prior to
the Oregon Health Authority (OHA) accepting applications for licensure on January 2, 2023. On July
27, the Board directed staff to begin the TPM process.'
Measure 109 provides no direction as to reasonable time, place, and manner restrictions. It is
difficult for staff to estimate impacts from a transportation and land use standpoint without real
world examples of psilocybin production, processing, and service centers that the Board can
consider. Ultimately, in order for regulations to be "reasonable," such regulations must be necessary
to protect public health, safety and welfare. Erring on the side of more restrictive TPM regulations
is defensible because the range and extent of potential impacts of psilocybin production, processing
and service centers cannot be defined —and therefore analyzed to determine compliance with
statewide planning goals or Comprehensive Plan policies —at this stage.
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating one, the County bears the
responsibility for justifying that the amendments are consistent with Statewide Planning Goals and
its existing Comprehensive Plan.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
2 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-63
3 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-65
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Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission and Board of County Commissioners.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing, and the Board of County Commissioners' public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion is met.
Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the direction
of the Board of County Commissioners, and has received a fee waiver. This criterion is met.
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Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on September
29 and October 13, 2022. The Board then held a public hearing on November 21. These criteria are
met.
Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2022-014 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the
County's citizen involvement program. Notice of the proposed amendments were provided to the
Bulletin for each public hearing.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate
post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development
Department 35-day notice was initiated on August 25, 2021. The Planning Commission held a public
hearing on September 29, 2022 and the Board of County Commissioners held a public hearing on
November 21, 2022. This Findings document provides the adequate factual basis for the
amendments.
Goal 3: Agricultural Lands: Measure 109 and the corresponding Oregon Revised Statute 475A.570(2)
specify that psilocybin-producing fungi is:
(a) A crop for the purposes of "farm use" as defined in ORS 215.203;
(b) A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
(c) A product of farm use as described in ORS 308A.062; and
(d) The product of an agricultural activity for purposes of ORS 568.909.
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The statute clearly permits the production of psilocybin-producing fungi in Exclusive Farm Use
zones. DCC 18.16.025 allows small-scale processing of farm crops, provided that the facility uses
less than 10,000 square feet for its processing area and complies with all applicable siting standards.
Processing facilities smaller than 2,500 square feet are exempt from any applicable siting standards.
ORS 475A.570(2) prohibits psilocybin-related farm dwellings and psilocybin-related farm stands.
ORS 475A.570(3) states "The operation of a psilocybin service center may be carried on in
conjunction with a psilocybin-producing fungi crop." The interpretation of this statute by the
Department of Land Conservation and Development (DLCD) is that psilocybin service centers would
not be a stand-alone use on EFU but could potentially be permitted either as a commercial activity
in conjunction with farm use or as a home occupation. The proposed amendments to the County
Code are consistent with these provisions of state law and are therefore consistent with Goal 3.
Goal 4: Forest Lands: ORS 475A.570(4) states "A county may allow the manufacture of psilocybin
products as a farm use on land zoned for farm or forest use in the same manner as the manufacture
of psilocybin products is allowed in exclusive farm use zones under this section and ORS 215.213,
215.283 and 475C.053." The proposed amendments are consistent with these provisions of state
law and are therefore consistent with Goal 4.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed text amendments do not create or amend a resource list
or any portion of the County's acknowledged Comprehensive Plan or land use regulations adopted
to protect a significant Goal 5 resource or to address specific requirements of Goal 5. The proposed
text amendments do not allow new uses that could be conflicting uses with a particular significant
Goal 5 resource site on an acknowledged resource list because the County's LM and WA overlay
zones are not changed in these proposed amendments. More specifically, the amendments are not
subject to a Goal 5 analysis because:
• Psilocybin manufacturing is considered a farm crop/farm use/farming practice per ORS
475A.570
• The areas in which service centers are proposed (retail/commercial zones) are not subject to
the current WA combining zone
• Service centers on EFU land could be allowed not as new conflicting, stand-alone uses that
would require a Goal 5 analysis, but under existing uses within EFU (home occupations/
commercial activity in conjunction with farm use)
• Concerning service centers in destination resorts, the process for establishing and regulating
destination resorts with respect to Goal 5 wildlife resources is dictated by specific code
provisions. Destination resorts are regulated by DCC Chapter 18.113, which establishes a
mechanism for siting destination resorts, including an eligibility map and approval criteria
that requires any negative impact on fish and wildlife resources to be completely mitigated,
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requiring that there be no net Toss or net degradation of the resource. Destination resorts
are subject to final master plan requirements that evaluate and address acknowledged Goal
5 resources in the Comprehensive Plan at the time of application. Because of this established
process and criteria, staff finds that destination resorts do not qualify as a conflicting use for
the purpose of these amendments.
For these reasons, the proposed text amendments are in compliance with Goal 5.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to
change the County's Plan policies or implementing regulations for compliance with Goal 6. The text
amendments will not impact the quality of the air, water, and land resources of the County given
the fact that psilocybin farm use is required to take place fully indoors, is not odorous and is not a
water -intensive use. Psilocybin service centers are proposed to be primarily limited to commercially -
zoned areas and therefore will not impact the quality of land resources; for those service centers
that potentially could be allowed as a commercial activity in conjunction with farm use or a home
occupation, they will be subject to those criteria, respectively. For these reasons, the proposed text
amendments are in compliance.
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not
propose to change the County's Plan or implementing regulations regarding natural disasters and
hazards; therefore, they are in compliance.
Goal 8: Recreational Needs: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs; therefore, they are in compliance.
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. The proposed
amendments apply to rural lands and do not propose to amend the Comprehensive Plan. The
proposed text amendments will encourage economic development in the County as they will
provide new business and economic development opportunities. Because these new businesses
will be taxed, the public will benefit as well. For these reasons, the proposed text amendments are
in compliance with Goal 9.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas
are not obligated to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to
change the County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. The proposed text amendments will not allow any new uses expected to result
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in transportation system impacts that differ in degree or severity from other allowed or allowable
uses in the zones in which psilocybin manufacture and/or psilocybin service centers could be sited.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Therefore, compliance
with Goal 13 is established.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Therefore, compliance with Goal 14 is
established.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does
not contain these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will
involve the community and conduct land use planning. As described above, the proposed
regulations will be discussed at work sessions with the Board of County Commissioners, as well as
to the Planning Commission, which is the County's official committee for public involvement. Both
will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies.
Goal 1 of this section is to "maintain an open and public land use process in which decisions are
based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed
the text amendments.
Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will
protect resource lands, including but not limited to, Agriculture and Forest as well as Water
Resources and Environmental Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural
lands and the agricultural industry."
As noted above, Measure 109 and the corresponding Oregon Revised Statute 475A.570(2) specify
that psilocybin-producing fungi is:
(a) A crop for the purposes of "farm use" as defined in ORS 215.203;
(b) A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930;
(c) A product of farm use as described in ORS 308A.062; and
(d) The product of an agricultural activity for purposes of ORS 568.909.
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The statute clearly permits the production of psilocybin-producing fungi in Exclusive Farm Use
zones as well as in other zones that allow farm or forest use (ORS 475A.570(4)). DCC 18.16.025 allows
small-scale processing of farm crops, provided that the facility uses less than 10,000 square feet for
its processing area and complies with all applicable siting standards. Processing facilities smaller
than 2,500 square feet are exempt from any applicable siting standards. The proposed text
amendments allow a new state -recognized agricultural use on agricultural lands.
Section 2.2 Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector.
Policy 2.2.10 calls for the promotion of economically viable opportunities and practices while Policy
2.2.11 encourages small farming enterprises including but not limited to, niche markets and organic
farming and value-added projects. The proposed text amendments allow a new state -recognized
agricultural use on agricultural lands, thereby satisfying this goal.
Section 2.2 Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are
consistent with local and emerging agricultural conditions and markets. The proposed amendments
are a direct response to changes in state law, which pursuant to Measure 109, recognize psilocybin-
producing fungi as a farm crop. Resource lands devoted to agricultural use in Deschutes County will
thereby permit the production of psilocybin-producing fungi, ensuring consistency between local
code, emerging markets, and state law.
Section 2.3, Forest Lands Policies, states that Goal 1 is to "preserve and maintain forest lands for
multiple uses, including forest products, watershed protection, conservation, recreation and wildlife
habitat protection." Policy 2.3.5 calls for uses allowed in Forest zones to comply with state statute
and Oregon Administrative Rule. As noted above, ORS 475A.570(4) states "A county may allow the
manufacture of psilocybin products as a farm use on land zoned for farm or forest use in the same
manner as the manufacture of psilocybin products is allowed in exclusive farm use zones under this
section and ORS 215.213, 215.283 and 475C.053." The amendments allow psilocybin manufacturing
in forest zones pursuant to this law.
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